Journal of the Senate, State of Arizona, 2009, Forty-Ninth Legislature, First Regular Session, First to Fifth Special Sessions

STATE OF ARIZONA
***********
JOURNAL
of the
SENATE
2009
Published by:
Arizona State Senate
Mp Bookbinding
TABLE OF CONTENTS
Page
FIRST REGULAR SESSION
Daily Journal ............................................................................................................................ 1
SUPPLEMENT
Governor's Action after Adjournment Sine Die.................................................................. 333
Reports of Standing Committees ........................................................................................ 356
Messages from the House .................................................................................................... 356
Joint Protocol Session .......................................................................................................... 357
EXECUTIVE APPOINTMENTS AND CONFIRMATIONS.................................................. 361
ALPHABETICAL INDEX........................................................................................................ 369
INDEX OF SENATORS.......................................................................................................... 502
HISTORY OF SENATE AND HOUSE BILLS
Senate Bill History ............................................................................................................... 541
House Bill History................................................................................................................ 639
MISCELLANEOUS
House Bills Not Received by the Senate............................................................................. 689
Bills Not Reported by Committees ..................................................................................... 704
Bills Enacted into Law (Chapter Numbers) ........................................................................ 712
Bills Vetoed .......................................................................................................................... 718
Bills Line-item Veoted.......................................................................................................... 718
Bills Became Law Without the Governor’s Signature ........................................................ 718
Strike Everything Amendments........................................................................................... 719
Recapitulation (Summary of Bills) ...................................................................................... 733
Senate Rules ......................................................................................................................... 739
TABLE OF CONTENTS
COMMITTEES
Index of Committees............................................................................................................ 757
Statutory/Study Committees ............................................................................................... 759
Ad Hoc Committees............................................................................................................. 775
Committees of Reference..................................................................................................... 778
Senate Standing Committees .............................................................................................. 780
House Standing Committees ............................................................................................... 782
SENATE EMPLOYEES
Senate Employee Listing...................................................................................................... 784
FIRST – FIFTH SPECIAL SESSIONS
ARIZONA ELECTED STATE OFFICIALS
Governor……………………….(resigned effective January 20, 2009) .......JANET NAPOLITANO
(sworn in January 21, 2009).........................JANICE K. BREWER
Secretary of State…………….(resigned effective January 21, 2009) ...........JANICE K. BREWER
(sworn in January 26, 2009).................................KEN BENNETT
Attorney General..............................................................................................TERRY GODDARD
Treasurer ................................................................................................................DEAN MARTIN
Superintendent of Public Instruction.......................................................................TOM HORNE
Mine Inspector................................................................................................................ JOE HART
Corporation Commission
Chairman.........................................................................................................KRISTIN K. MAYES
Commissioner .......................................................................................... SANDRA D. KENNEDY
Commissioner ......................................................................................................PAUL NEWMAN
Commissioner .......................................................................................................... GARY PIERCE
Commissioner .............................................................................................................BOB STUMP
Supreme Court
Chief Justice……………………(retired effective June 30, 2009)...............RUTH V. McGREGOR
(effective July 1, 2009)..................... REBECCA WHITE BERCH
Vice Chief Justice……………..(resigned effective June 30, 2009) .... REBECCA WHITE BERCH
(effective July 1, 2009) ......................... ANDREW D. HURWITZ
Justice ................................................................................................................W. SCOTT BALES
Justice…………………………..(sworn in September 8, 2009)......................... JOHN PELANDER
Justice ..............................................................................................................MICHAEL D. RYAN
ARIZONA ELECTED U. S. OFFICIALS
Senator ...............................................................................................................................JON KYL
Senator ....................................................................................................................JOHN McCAIN
Representative (District 1) ........................................................................... ANN KIRKPATRICK
Representative (District 2) ..................................................................................TRENT FRANKS
Representative (District 3) .................................................................................JOHN SHADEGG
Representative (District 4) ..........................................................................................ED PASTOR
Representative (District 5) .............................................................................HARRY MITCHELL
Representative (District 6) ...........................................................................................JEFF FLAKE
Representative (District 7) ..................................................................................RAUL GRIJALVA
Representative (District 8) ...................................................................... GABRIELLE GIFFORDS
SENATE LEADERSHIP
President............................................................................................................Robert “Bob” Burns
Majority Leader..............................................................................................................Chuck Gray
Majority Whip………………………(resigned effective August 4, 2009) .............. Pamela Gorman
(replaced Senator Gorman August 12, 2009)......Steve Pierce
Democratic Leader.................................................................................................Jorge Luis Garcia
Assistant Democratic Leader ....................................................................................... Rebecca Rios
Democratic Whip ......................................................................................................... Linda Lopez
President Pro Tempore ........................................................................................ Thayer Verschoor
(appointed July 8, 2009).....................................Steve Pierce
(appointed August 27, 2009) ............................ Barbara Leff
Parliamentarian………………………………………………………………………………...Jim Waring
HOUSE LEADERSHIP
Speaker.......................................................................................................................... Kirk Adams
Majority Leader.......................................................................................................John McComish
Majority Whip ...............................................................................................................Andy Tobin
Minority Leader ............................................................................................................ David Lujan
Assistant Minority Leader .......................................................................................Kyrsten Sinema
Minority Whip......................................................................................................... Chad Campbell
Speaker Pro Tempore .............................................................................................Steve Yarbrough
Parliamentarian………………………………………………………………………..Norman L. Moore
MEMBERS OF THE SENATE
FORTY-NINTH LEGISLATURE - 2009
FIRST REGULAR SESSION
STATE OF ARIZONA
OFFICERS
Robert Burns ...................................................................................................................... President
Charmion Billington .......................................................................................................... Secretary
Susan Aceves .......................................................................................................Assistant Secretary
Joe Kubacki ............................................................................................................Sergeant at Arms
DISTRICT SENATOR PARTY HOME CITY
1 PIERCE, Steve R Prescott
2 HALE, Albert D Window Rock
3 GOULD, Ron R Lake Havasu City
4 HARPER, Jack R Surprise
5 ALLEN, Sylvia R Snowflake
6 GORMAN, Pamela R Anthem
7 WARING, Jim R Phoenix
8 ALLEN, Carolyn S. R Scottsdale
9 BURNS, Robert “Bob” R Peoria
10 GRAY, Linda R Glendale
11 LEFF, Barbara R Paradise Valley
12 NELSON, John B. R Litchfield Park
13 MIRANDA, Richard D Tolleson
14 McCUNE DAVIS, Debbie D Phoenix
15 CHEUVRONT, Ken D Phoenix
16 LANDRUM TAYLOR, Leah D Phoenix
17 BURTON CAHILL, Meg D Tempe
18 PEARCE, Russell K. R Mesa
19 GRAY, Chuck R Mesa
20 HUPPENTHAL, John R Chandler
21 TIBSHRAENY, Jay R Chandler
22 VERSCHOOR, Thayer R Gilbert
23 RIOS, Rebecca D Apache Junction
24 AGUIRRE, Amanda D Yuma
25 ALVAREZ, Manuel V. “Manny” D Elfrida
26 MELVIN, Al R Tucson
27 GARCIA, Jorge Luis D Tucson
28 ABOUD, Paula D Tucson
29 LOPEZ, Linda D Tucson
30 PATON, Jonathan R Tucson
MEMBERS OF THE HOUSE OF REPRESENTATIVES
FORTY-NINTH LEGISLATURE - 2009
FIRST REGULAR SESSION
STATE OF ARIZONA
OFFICERS
Kirk Adams ...........................................................................................................................Speaker
Norman L. Moore...........................................................................................................Chief Clerk
Cheryl A. Laube .............................................................................................. Assistant Chief Clerk
Ron Gill ..................................................................................................................Sergeant at Arms
DISTRICT REPRESENTATIVE PARTY HOME CITY
1 MASON, Lucy R Prescott
TOBIN, Andy R Paulden
2 CHABIN, Thomas E. D Flagstaff
DESCHENE, Christopher D Window Rock
3 GOODALE, Doris R Kingman
McLAIN, Nancy G. R Bullhead City
4 BOONE, Tom R Peoria
BURGES, Judy M.
R Skull Valley
5 BROWN, Jack A. D St. Johns
KONOPNICKI, Bill R Safford
6 CRUMP, Sam R Anthm
SEEL, Carl R Phoenix
7 BARNES, Ray R Phoenix
BARTO, Nancy K. R Phoenix
8 KAVANAGH, John R Fountain Hills
REAGAN, Michele R Scottsdale
9 LESKO, Debbie R Glendale
MURPHY, Rick R Glendale
10 QUELLAND, Doug R Phoenix
WEIERS, James P. R Phoenix
11 DRIGGS, Adam R Phoenix
MEYER, Eric D Paradise Valley
12 MONTENEGRO, Steve B. R Litchfield Park
WEIERS, Jerry R Glendale
13 TOVAR, Anna* D Tolleson
GARCIA, Martha D Phoenix
*Sworn in February 3, 2009 to replace Steve Gallardo who did not take the oath of office.
DISTRICT REPRESENTATIVE PARTY HOME CITY
14 CAMPBELL, Chad D Phoenix
MEZA, Robert D Phoenix
15 LUJAN, David M. D Phoenix
SINEMA, Kyrsten D Phoenix
16
CAMPBELL, Cloves C., Jr.
D
Phoenix
MIRANDA, Ben R. D Phoenix
17 ABLESER, Ed D Tempe
SCHAPIRA, David D Tempe
18 ASH, Cecil P. R Mesa
COURT, Steve R Mesa
19 ADAMS, Kirk R Mesa
CRANDALL, Rich R Mesa
20 McCOMISH, John R Phoenix
WATERS, Rae D Phoenix
21 NICHOLS, Warde V. R Gilbert
YARBROUGH, Steven R Chandler
22 BIGGS, Andy R Gilbert
HENDRIX, Laurin R Gilbert
23 PRATT, Frank R Casa Grande
McGUIRE, Barbara D Kearny
24 PANCRAZI, Lynne D Yuma
JONES, Russell L. R Yuma
25 FLEMING, Patricia V. D Sierra Vista
STEVENS, David W. R Sierra Vista
26 WILLIAMS, Vic R Tucson
YOUNG WRIGHT, Nancy D Oro Valley
27 CAJERO BEDFORD, Olivia D Tucson
LOPES, Phil D Tucson
28 BRADLEY, David T. D Tucson
FARLEY, Steve D Tucson
29 HEINZ, Matt D Tucson
PATTERSON, Daniel D Tucson
30 GOWAN, David R Sierra Vista
ANTENORI, Frank R Tucson
JOURNAL
of the
SENATE
FORTY-NINTH
LEGISLATURE
of the
STATE OF ARIZONA
FIRST REGULAR SESSION
- 2009 -
SESSION CONVENED
MONDAY, JANUARY 12, 2009, 12:00 NOON
SESSION ADJOURNED SINE DIE
WEDNESDAY, JULY 1, 2009, 7:31 A.M.
JOURNAL OF THE SENATE
FORTY-NINTH LEGISLATURE
FIRST REGULAR SESSION
Monday, January 12, 2009
First Day
The second Monday in January being the date prescribed by the Constitution of Arizona for
the annual meeting of the Legislature, the First Regular Session of the Forty-ninth Legislature
convened this day.
The Senate assembled in its chamber at 12:00 noon.
The Chairman Pro Tempore, Senator-elect Carolyn Allen, District 8, called the Senate to order.
Privileges of the floor were extended to former Senators who were present in the Gallery.
The Honorable Trent Franks, Arizona Second Congressional District, offered prayer.
Presentation of the Colors was by the Luke Air Force Base Honor Guard.
Pledge of Allegiance to the Flag was led by Kyle Burns, grandson of President-elect Burns.
Singing of the National Anthem was by Alisha Pasco, SSGT, USAF Luke Air Force Base.
The Chairman Pro Tempore appointed Senator-elect Nelson as Sergeant at Arms Pro
Tempore.
ROLL CALL BY DISTRICT
The Reader called the roll of the Senators-elect by Districts as follows:
District 1 Steve Pierce
District 2 Albert Hale
District 3 Ron Gould
District 4 Jack Harper
District 5 Sylvia Tenney Allen
District 6 Pamela Gorman
District 7 Jim Waring
District 8 Carolyn S. Allen
District 9 Robert “Bob” Burns
District 10 Linda Gray
District 11 Barbara Leff
District 12 John Nelson
District 13 Richard Miranda
District 14 Debbie McCune Davis
District 15 Ken Cheuvront
District 16 Leah Landrum
District 17 Meg Burton Cahill
District 18 Russell Pearce
District 19 Chuck Gray
District 20 John Huppenthal
District 21 Jay Tibshraeny
District 22 Thayer Verschoor
District 23 Rebecca Rios
District 24 Amanda Aguirre
District 25 Manuel V. “Manny” Alvarez
District 26 Al Melvin
District 27 Jorge Luis Garcia
District 28 Paula Aboud
District 29 Linda Lopez
District 30 Jonathan Paton
The roll call of Senators-elect by districts showed all present whose names were called with the
exception of District 13, Richard Miranda.
JOURNAL OF THE SENATE
Monday, January 12, 2009
2
COMMITTEE ON CREDENTIALS
Chairman Pro Tempore Carolyn Allen appointed Senators-elect Chuck Gray, Garcia, Gorman
and Rios to act as a Committee on Credentials.
RECESS
At 12:09 p.m. the Senate stood at recess subject to the sound of the gavel to permit a meeting
of the Committee on Credentials.
RECONVENE
Chairman Pro Tempore Carolyn Allen called the Senate to order at 12:18 p.m.
REPORT OF THE COMMITTEE ON CREDENTIALS
The Committee on Credentials submitted the following report which was read in full:
Your Committee on Credentials herewith presents certification issued by Janice K. Brewer,
Secretary of State, showing that the following named persons were duly elected to the Senate
on the 4th day of November, 2008.
Steve Pierce (District 1)
Albert Hale (District 2)
Ron Gould (District 3)
Jack Harper (District 4)
Sylvia Tenney Allen (District 5)
Pamela Gorman (District 6)
Jim Waring (District 7)
Carolyn S. Allen (District 8)
Robert “Bob” Burns (District 9)
Linda Gray (District 10)
Barbara Leff (District 11)
John Nelson (District 12)
Richard Miranda (District 13)
Debbie McCune Davis (District 14)
Ken Cheuvront (District 15)
Leah Landrum (District 16)
Meg Burton Cahill (District 17)
Russell Pearce (District 18)
Chuck Gray (District 19)
John Huppenthal (District 20)
Jay Tibshraeny (District 21)
Thayer Verschoor (District 22)
Rebecca Rios (District 23)
Amanda Aguirre (District 24)
Manuel V. “Manny” Alvarez (District 25)
Al Melvin (District 26)
Jorge Luis Garcia (District 27)
Paula Aboud (District 28)
Linda Lopez (District 29)
Jonathan Paton (District 30)
Your Committee reports that all of the above-named persons are entitled to be seated as
members of the Senate, Forty-ninth Legislature, State of Arizona.
/s/ Chuck Gray
Chairman
/s/ Jorge Luis Garcia
/s/ Pamela Gorman
/s/ Rebecca Rios
Senator-elect Chuck Gray, Chairman of the Committee on Credentials, moved the adoption of
the report, and the motion carried.
JOURNAL OF THE SENATE
Monday, January 12, 2009
3
APPOINTMENT OF COMMITTEE TO INVITE
CHIEF JUSTICE OF THE SUPREME COURT TO
ADMINISTER OATH OF OFFICE
Chairman Pro Tempore Carolyn Allen appointed Senators-elect Paton, Lopez and Verschoor
as members of a committee to invite the Chief Justice of the Supreme Court, the Honorable
Ruth V. McGregor, to administer the oath of office to the Senators-elect, and to escort the
Chief Justice to the Senate Chamber.
OATH OF OFFICE
Chief Justice Ruth McGregor entered the Senate Chamber escorted by Senators-elect Paton,
Lopez and Verschoor and administered the oath of office to the Senators-elect as follows:
I do solemnly swear that I will support the Constitution of the United States of
America and the Constitution and laws of the State of Arizona; that I will bear true
faith and allegiance to the same, and defend them against all enemies, foreign and
domestic, and that I will faithfully and impartially discharge the duties of the office of
Senator of the State of Arizona, according to the best of my ability, so help me
God.
Chairman Pro Tempore Carolyn Allen extended an expression of thanks to Chief Justice Ruth
McGregor and she was escorted to her chair.
ROLL CALL
Roll call showed all Senators to be present as follows:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor,
Leff, Lopez, McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--30
ELECTION OF SECRETARY OF THE SENATE
Senator Chuck Gray nominated Charmion Billington of Phoenix, for Secretary of the Senate
for the Forty-ninth Legislature.
Senator Chuck Gray moved that the nominations be closed and that the Acting Secretary be
instructed to record a unanimous ballot for Charmion Billington as Secretary of the Senate
for the Forty-ninth Legislature. The motion carried.
ELECTION OF THE PRESIDENT
Senator Chuck Gray nominated Robert “Bob” Burns, for the office of the President of the
Senate for the Forty-ninth Legislature.
Senator Chuck Gray moved that the nominations be closed and that the Secretary be
instructed to record a unanimous ballot for Robert “Bob” Burns, District 9, as President of
the Senate for the Forty-ninth Legislature. The motion carried.
Chairman Pro Tempore Carolyn Allen appointed Senators Gorman, Garcia and Russell Pearce
to escort President Burns to his chair on the President’s rostrum.
President Burns, upon being seated as President, made some brief remarks to the Senate
membership.
RECESS
At 12:59 p.m. the Senate stood at recess subject to the sound of the gavel for a performance by
the critically acclaimed Phoenix Boys Choir conducted by George Stangelberger and to receive
remarks from Al McCoy, Senior Vice-President of broadcasting for the Phoenix Suns.
RECONVENE
The President called the Senate to order at 1:20 p.m.
JOURNAL OF THE SENATE
Monday, January 12, 2009
4
BUSINESS ON THE PRESIDENT’S DESK
RULES
Senator Chuck Gray moved that the Rules of the Senate of the Forty-eighth Legislature be
temporarily adopted as the Rules of the Forty-ninth Legislature. The motion carried.
President Burns announced that the Senate of the First Regular Session of the Forty-ninth
Legislature was now properly organized.
READING OF BILLS BY NUMBER, SHORT TITLE AND TITLE ONLY
Senator Chuck Gray moved that unless otherwise ordered, an emergency be declared, rules be
suspended and that during the First Regular Session of the Forty-ninth Legislature all bills,
resolutions and memorials under the Order of Business First Reading and Second Reading of
Bills be read by number and short title only, and that all bills, resolutions and memorials under
the Order of Business Third Reading and Final Reading of Bills be read by number and title
only.
President Burns announced that the motion required a two-thirds vote for its passage. The
motion carried.
COMMITTEE TO NOTIFY HOUSE AND GOVERNOR ON ORGANIZATION
Senator Chuck Gray moved that a committee be appointed to notify the House that the Senate
was organized and ready for the transaction of business and to act with a like committee from
the House to notify the Governor that the First Regular Session of the Forty-ninth Legislature
was organized and ready to receive any communication she may wish to deliver. The motion
carried and the President appointed Senators Huppenthal, Landrum Taylor and Steve Pierce as
members of that committee.
COMMITTEE FROM THE HOUSE
The Sergeant at Arms Pro Tempore Nelson, announced the arrival of the committee from the
House of Representatives consisting of Members McComish, Chad Campbell, Lujan, Reagan
and Tobin. The committee informed the Senate that the House of Representatives was
organized and ready for the transaction of business.
RECESS
At 1:26 p.m. the Senate stood at recess subject to the sound of the gavel following the Joint
Session.
JOINT SESSION
The Senate and House of Representatives assembled in Joint Session at 1:42 p.m. in the House
Chamber.
The President of the Senate, Robert “Bob” Burns, called the Joint Session of the Legislature to
order.
The Joint Organization Committee escorted the Governor of Arizona, the Honorable Janet
Napolitano into the House Chamber. The Governor was introduced by the President of the
Senate.
JOURNAL OF THE SENATE
Monday, January 12, 2009
5
STATE OF THE STATE ADDRESS
49TH ARIZONA LEGISLATURE
FIRST REGULAR SESSION
GOVERNOR JANET NAPOLITANO
JANUARY 12, 2009
Speaker Adams, President Burns, Honorable Senators and Representatives, Chief
Justice McGregor and justices of the Supreme Court, Secretary of State Brewer and
other constitutional officers, tribal leaders, honored guests and my fellow Arizonans:
It is my honor to stand before you today as Governor, and to deliver my report on the
state of the state. This is a day of mixed emotions. On the one hand, I am very sad
that this is very likely the final time I will address Arizonans in this manner. On the
other hand, I am confident about the future of this state and proud of the work we
have done together.
I have been called by our President-elect to serve in a new way, during extraordinary
times. I am not alone in this call to serve. Indeed, this difficult time calls upon all of us
to offer ourselves to the greater good, to build a stronger state and a stronger country.
The call to serve comes in many forms. For some, it means service in our armed forces;
others will feel called to work on change here at the state capitol; yet others will offer
service as volunteers in our communities.
For this Legislature, your call to serve will demand that you make decisions that are
difficult in the short run but that need to be wise in the long run. Your task is to make
Arizona safer, stronger and more prosperous than ever before. In the past six years, we
have traveled a long way together, and we have come a long way toward this vision of
safety, strength and prosperity.
As Arizona is swept by national afflictions like faltering markets and growing deficits,
it can be hard to remember the basic fact that should drive our state: Arizona is young
and dynamic, and it is primed for success.
The task is to meet these great challenges with short-term decisions that do not dim
the bright future of this remarkable state.
When I took office, our state faced a budget deficit that many thought would sink our
priorities for Arizona. Since then – in surplus and in deficit – I have always presented
you with a balanced budget plan that moved Arizona forward.
That’s an important lesson as we look at our situation today: We don’t have to go
back. We do have to go forward.
As revenues increased, we set aside money in a rainy day fund, cut taxes and provided
tax incentives for important areas like research and development. We implemented 26
of the 36 recommendations of the Citizens Finance Review Commission. We reviewed
all state expenditures and undertook actions such as restructuring procurement and
curtailing our use of energy. All told, our efforts have saved more than $1 billion.
We have passed a balanced budget every year, but we still need to make significant
adjustments in this year’s budget because of the continuing recession. I have already
given you a balanced budget plan for 2009; and as I have in every year I have served, I
will present to the Legislature a detailed plan on how to balance next year’s budget,
still protecting important investments and accomplishing that without raising taxes.
But even as I deliver that budget plan this week, I hearken back to a statement from
my First Inaugural Address: “Generations to come will not remember us for how we
balanced the budget, or how we expanded or contracted the size of government.
Instead, they will remember how we educated our children, how we protected our
seniors, how we built a new economy, and how we made this wonderful state an even
better place to live.”
JOURNAL OF THE SENATE
Monday, January 12, 2009
6
Together, we have provided better educational opportunities for our children. We have
protected our seniors and built toward a new economy. We have moved Arizona
forward, and the budget I present to you will be balanced and will protect what we
have achieved.
As you know, there is nothing more important to me as Governor than the education
of Arizona’s children. We have added – and protected – a new grade level, voluntary
full-day kindergarten, that gives thousands of Arizona students a head start in
education that will benefit them for the rest of their lives. By vote of the people, we
have set aside critical funding for early childhood education. We have enacted historic
teacher pay raises and started a new center to train teachers in the critical fields of
science, technology, engineering and math. We’ve quadrupled the funds going to our
schools from our state trust lands. We’ve increased standards in high school for math
and science, and we have cut the high school dropout rate nearly in half.
Yet, as always, there is more to do. We must build on what we have begun. Expanded
resources must translate into ever-increasing levels of student achievement. The
proportion of our education funds spent in the classroom must increase. The
professional status – and the pay – of our classroom teachers must continue to
improve, while we demand more of our administrators and elected school boards.
In difficult times, our state is called to show its commitment to the children of
Arizona. Our public school system educates 82 percent of Arizona’s students. Their
future has to be Arizona’s number-one priority. School choice is important; we can
expand and preserve that choice through the growing institution of quality public
charter schools.
Today’s short-term budget decisions must not harm the long-term future of Arizona’s
children. If this Legislature cuts classroom spending, the people of Arizona will
recognize such a cut for what it is – not a budget necessity, but a willful and unwise
choice.
We must look at higher education in the same way. In the past six years, we have
institutionalized the P-20 model in Arizona, which recognizes the reality that
education is not neatly segmented, but is instead a continuum of learning that begins
at birth and lasts well into a chosen career path.
With this fact in mind, we have built up our universities with a new medical campus
and labs that are attracting new research and hundreds of millions of dollars in new
grants. We have tripled the state’s commitment to student financial aid and launched
a new program to put more middle school students on the path to college.
Last year, the Legislature also passed a plan to build and improve the physical
infrastructure of our universities – a forward-thinking plan that accommodates future
enrollment growth while quickly creating desperately needed construction jobs. It is a
good plan, we can afford it, and we should put it into action now.
As we build up education, I am also proposing to you legislation that will widen our
embrace of Arizona’s veterans. Let us give them greater access to education by
extending in-state tuition to every single veteran in Arizona. This will continue the
important work of both of supporting our veterans and increasing the number of
college graduates in our state.
Our universities and community colleges are economic engines. They give our students
the skills they need to work in the good jobs of the future. We need to show the world
that even during these hard times, Arizona is open for business. We will demonstrate
this by continuing to build a highly educated workforce and by increasing our research
capacity – through our universities as well as institutions like TGen and Science
Foundation Arizona.
In the past years, I have given the universities a significant charge: to double the
number of bachelor’s degrees earned in Arizona by 2020. This is where we need to be
to thrive in the high-tech economy. Universities have already experienced budget cuts,
and we need to avoid deeper cuts that impair their educational and economic missions.
JOURNAL OF THE SENATE
Monday, January 12, 2009
7
Our investment in higher education is an investment driven by this simple fact: the
better future for Arizona that we are called upon to build cannot happen unless we
train more doctors, engineers, teachers, scientists, entrepreneurs and those educated in
the humanities and the arts. Protecting education is what I mean when I say we cannot
sacrifice the long term for the sake of short term expediency.
As we commit to this critical knowledge infrastructure, we must also invest in our
physical infrastructure. This is timely because it is likely that an infrastructure stimulus
plan is on its way from the federal government. And it is important because we know
this kind of investment creates jobs and creates wealth.
Last year, I asked you to hold hearings and prepare a statewide transportation plan for
referral to the ballot. Sadly, the Legislature failed to do this, and then a citizen’s
initiative was kept from the ballot.
That citizen’s initiative proposal made sense – and it still makes sense, both for our
present because we will need jobs, and for the future, because we will need roads,
highways, rail and transit to support our growth. I ask you to build from this citizen’s
proposal, hold additional hearings, and allow the people of Arizona to have their say
on this critical issue by 2010.
But infrastructure does not stop with transportation. With my budget, I am giving you
a plan for desperately needed school buildings. These new buildings will be energy
efficient, they will provide an economic stimulus and they will build a legacy that is
able to serve this state for decades.
Arizona must also stay on the path toward greener future. We must continue to
implement forest health measures that create new industries and protect our forested
communities. We also must work to limit our greenhouse gas emissions through the
Western Climate Initiative, and move forward in building a strong renewable energy
sector, particularly with respect to solar energy. The entire nation is going in this
direction – and Arizona has much to gain by being a leader.
Of course, as we continue to prepare for our future, we must not overlook those in
need right now. In these difficult times, we are called to serve the Arizona families hit
hardest by the economic storm. The national recession has meant that we have more
people out of work or making less money than they did before. More Arizonans now
depend on food banks as a regular source of food – a 42 percent increase in demand
from one year ago. In the past year, more than 70,000 Arizonans have enrolled in state
health care through AHCCCS and KidsCare; more than 150,000 Arizona families have
received foreclosure notices. It would be wrong to hurt our seniors, our youngest
children and those who are ill or disabled in the name of balancing the budget.
Many of those who need help now are people who have always worked hard and
played by the rules, who have never had to ask for help before. All of these Arizonans
deserve the chance to work toward a brighter future. It is our job to protect and
continue to invest in the safety net for those hardest-hit in Arizona, so they can
prosper when the storm passes.
By way of example, just this past year, we refocused our efforts to ensure that
Arizonans are using the programs that can benefit them – such as the federal Earned
Income Tax Credit. In the last year, this tax credit has placed nearly $16 million back
into the pockets of Arizona families, nearly one quarter more than the previous tax
year.
In response to rising foreclosures, we have secured millions in federal funds to stem the
worst effects of mortgage foreclosure on our neighborhoods, and we have dedicated
millions of state dollars to fighting foreclosure and homelessness.
Budget deficits mean cuts, and cuts are hard. In the past two years, we have already
cut $1.8 billion; the budget I will present to you later this week will provide for further
cuts.
Yet, as we tighten our belts, we must remember that this part of our call to serve means
still caring for those less fortunate, and protecting services like education, foreclosure
assistance, health care and shelter from abuse, neglect and domestic violence. To serve
today means an added duty to protect the children who might otherwise fall through
the cracks. These children are growing and learning today – they deserve to be able to
do so safely, without becoming sick, or hungry, or homeless.
JOURNAL OF THE SENATE
Monday, January 12, 2009
8
Another imperative is to protect our advances in health care, including expanded
access to KidsCare for families that need it, investments in health care technology to
improve the delivery of care and substantial savings on prescription drugs. Some fear
that little can be done right now about these pressing problems; but Congress is likely
to increase aid for state Medicaid programs. And when this happens, Arizona can
continue its work to improve health care by enacting quality-of-care measures, building
our electronic health records infrastructure and implementing other reforms necessary
to ensure that every Arizona family has access to a doctor when they need one.
There is no more fundamental function of government than to protect the public, and
I am proud of what we have achieved in the past six years. Crime in Arizona has gone
down in nearly every category. We have built the nation’s first state anti-terrorism
center and prepared ourselves to be ready for any disaster. We secured increased
federal resources at the border, and state task forces have arrested hundreds of human
smugglers. We have used innovative methods to attack the tools of the smuggling
trade, such as money laundering and fraudulent identification. We have made Arizona
the most innovative and active state in the nation in addressing – head-on – the
consequences of our nation’s broken borders.
We have to keep up this intense pressure on the border criminals who use violence and
fraud to smuggle people and drugs into our country. This effort includes a bill I am
presenting to you today that goes after those criminals by broadening the human
trafficking laws we use to crack down on those who smuggle people across the border.
To be called to serve in difficult times means doing as much as possible with limited
resources. We do not have as many law enforcement resources as any of us would like,
and we are called to use them wisely to promote public safety the best we possibly can.
We must continue to fight human smugglers, just as we have fought to take away their
illegal weapons, stolen cars, drop houses and money-laundering channels. Tough law
enforcement means smart law enforcement, for which we must always hold ourselves
accountable.
In carrying out the call to serve in challenging times, the public must be our highest
guide. There are several areas of government reform you should take up in order to
strengthen the voice of the people and allow them a greater say in how Arizona can
address its current obstacles and thrive into the future.
You must reform Arizona’s initiative and referendum processes. While I disagree
strongly with the state Supreme Court’s decision to keep initiatives on transportation
and state trust land reform off the ballot, our statutes must be revised to further the
ability of the people to enact legislation. While it is incumbent on this Legislature to
revisit transportation and state trust land reform, you must also consider reform of the
initiative process itself.
When crafting these reforms, I urge you to increase access to the ballot by lowering our
high signature requirements, but at the same time crack down on signature fraud by
increasing the number of signatures to be examined, banning payment by signature
and registering paid circulators. You also must remove the initiative sponsors’ now-unlimited
ability to give their initiatives misleading names. These changes will help
ensure that bureaucratic requirements do not mute the voice of the people in charting
our future.
I also ask that you consider changes to the referendum process.
The Legislature should not be able to refer a potential law to the ballot without the
same number of votes it would take to override a gubernatorial veto. Making this
simple change would help preserve the balance of power between the executive and
legislative branches.
Those of us who are public officials face a call to serve that is demanding. But each
difficulty presents an opportunity to improve the quality of life in Arizona. Arizona
would be well served if we follow the example set by our fellow citizens – Arizona’s 1.1
million volunteers.
Those volunteers dedicate more than 180 million hours a year to serving their
communities. They strengthen our neighborhoods and our state by giving their time
and efforts to serve the young and the old, those who are sick and those are struggling.
JOURNAL OF THE SENATE
Monday, January 12, 2009
9
Even state government has benefited from Arizonans’ volunteer service. The thousands
of Arizonans who volunteer their time for agencies such as our Game and Fish, Parks,
and Public Safety Departments work hundreds of thousands of hours every year and
save taxpayers millions of dollars.
Building upon this spirit of service, I am proud of a new addition to our state’s 2-1-1
online system called “Give Help,” which connects Arizonans with opportunities to
serve. Arizonans can now go to Arizona211.gov to donate resources or volunteer time
to their communities and their state.
We must also recognize the inspiring service of the men and women of the Arizona
National Guard. More than 6,000 of them have served in Iraq, Afghanistan and
elsewhere – some on as many as three tours of duty. The sacrifice of these Guard
members and their families is the highest example of service to our communities, our
state and our country.
It is by working together – and by giving a greater measure of ourselves – that we will
change the direction of our state and our nation.
For Secretary of State Brewer, answering the call to serve means taking on a major,
unexpected role. I appreciate the duties and responsibilities that she will assume if I am
confirmed as Secretary of Homeland Security and she becomes Governor. I have – and
will continue to – work with her closely on the transition of the governorship. I ask
that all of you in this chamber – Republicans and Democrats alike – join with her, in
the spirit of service, to move our state forward.
For me, the call to serve in these difficult times means that I will leave Arizona soon
and, if I am confirmed, will take on a new and demanding role, working with our new
President to protect our nation.
It is an honor to be asked to serve in this way, but it is also bittersweet. I want to
thank Arizonans for giving me their confidence and allowing me the privilege to lead
our state these past six years. I want to thank my staff and my Cabinet for all they
have achieved. I want to thank my family and friends who have stood by me.
Leaving is very difficult. But I believe the post our new President has asked me to fill is
critical to the safety of Arizonans and to all Americans. I will do my utmost there, as I
have done here.
I hope one day to return to this state that I love, but in the meantime, there is much
that I will miss. I will miss early mornings on my balcony, smelling orange blossoms as
I read the paper. I will miss spring training. I will miss the “dry heat.” Above all, I will
miss the wonderful people of this state. I grew up in the West and have lived here
nearly all my life. I am a Westerner. Arizona is my home.
And while these are arduous times, and the tasks that lie ahead will not be easy, I trust
that when I return home, I will find an Arizona that continued to build its long-term
future – an Arizona that has realized even more of what it can be.
I ask that you keep me in your thoughts and prayers, just as I will keep you in mine.
Thank you for your attention today. And thank you for your service to – and belief in
– the future of Arizona.
The Joint Organization Committee escorted the Governor from the House Chamber.
At 2:11 p.m. the Joint Session was dissolved.
ROBERT “BOB” BURNS
President of the Senate
CHARMION BILLINGTON
Secretary of the Senate
KIRK ADAMS
Speaker of the House
NORMAN MOORE
Chief Clerk of the House
JOURNAL OF THE SENATE
Monday, January 12, 2009
10
RECONVENE
The President called the Senate to order at 2:32 p.m.
BUSINESS ON THE PRESIDENT’S DESK
APPOINTMENTS
President Burns made the following appointments:
President Pro Tempore – Senator Thayer Verschoor
Parliamentarian – Senator Jim Waring
Assistant Secretary of the Senate – Susan Aceves
Sergeant at Arms – Joe Kubacki
APPOINTMENT OF STANDING COMMITTEES
President Burns announced the following Standing Committees of the Senate for the Forty-ninth
Legislature:
APPROPRIATIONS
Russell Pearce, Chairman; Al Melvin, Vice-chairman; Paula Aboud, Amanda Aguirre, Sylvia Allen,
Pamela Gorman, Ron Gould, Albert Hale, Jack Harper, Steve Pierce, Rebecca Rios
COMMERCE AND ECONOMIC DEVELOPMENT
Barbara Leff, Chairman; Jay Tibshraeny, Vice-chairman; Carolyn Allen, Ken Cheuvront,
Debbie McCune Davis, Richard Miranda, Jonathan Paton, Thayer Verschoor
EDUCATION ACCOUNTABILITY AND REFORM
John Huppenthal, Chairman; Linda Gray, Vice-chairman; Paula Aboud, Sylvia Allen,
Leah Landrum Taylor, Linda Lopez, Jonathan Paton
FINANCE
Jim Waring, Chairman; Barbara Leff, Vice-chairman; Ken Cheuvront, Ron Gould, Debbie
McCune Davis, Richard Miranda, Russell Pearce, Steve Pierce
GOVERNMENT INSTITUTIONS
Jay Tibshraeny, Chairman; Jack Harper, Vice-chairman; Manuel Alvarez, Meg Burton Cahill,
Jorge Luis Garcia, Chuck Gray, Linda Gray, Jim Waring
HEALTHCARE AND MEDICAL LIABILITY REFORM
Carolyn Allen, Chairman; Thayer Verschoor, Vice-chairman; Paula Aboud, Amanda Aguirre,
Barbara Leff, Linda Lopez, John Nelson
JUDICIARY
Jonathan Paton, Chairman; John Huppenthal, Vice-chairman; Meg Burton Cahill, Ken Cheuvront,
Chuck Gray, Richard Miranda, Russell Pearce
NATURAL RESOURCES, INFRASTRUCTURE AND PUBLIC DEBT
John Nelson, Chairman; Steve Pierce, Vice-chairman; Amanda Aguirre, Sylvia Allen,
Pamela Gorman, Albert Hale, Leah Landrum Taylor
PUBLIC SAFETY AND HUMAN SERVICES
Linda Gray, Chairman; Jim Waring, Vice-chairman; Manuel Alvarez, Leah Landrum Taylor,
Al Melvin, Rebecca Rios, Jay Tibshraeny
JOURNAL OF THE SENATE
Monday, January 12, 2009
11
RETIREMENT AND RURAL DEVELOPMENT
Ron Gould, Chairman; Sylvia Allen, Vice-chairman; John Huppenthal, Linda Lopez, Steve Pierce,
Rebecca Rios
RULES
Robert “Bob” Burns, Chairman; Chuck Gray, Vice-chairman; Jorge Luis Garcia, Pamela Gorman,
Debbie McCune Davis, Thayer Verschoor
VETERANS AND MILITARY AFFAIRS
Jack Harper, Chairman; John Nelson, Vice-chairman; Carolyn Allen, Manuel Alvarez,
Meg Burton Cahill, Albert Hale, Al Melvin
APPOINTMENT OF STATUTORY COMMITTEES
President Burns announced the following Statutory Committees of the Senate for the
Forty-ninth Legislature:
LEGISLATIVE COUNCIL
President Robert “Bob” Burns, Chairman 2009; Vice-chairman 2010
Senator Jorge Luis Garcia
Senator Chuck Gray
Senator Linda Gray
Senator Linda Lopez
Senator Richard Miranda
Senator Thayer Verschoor
JOINT LEGISLATIVE AUDIT COMMITTEE
Senator Thayer Verschoor, Chairman 2009; Vice-chairman 2010
Senator Pamela Gorman
Senator John Huppenthal
Senator Richard Miranda
Senator Rebecca Rios
President Robert “Bob” Burns, Ex-officio
JOINT LEGISLATIVE BUDGET COMMITTEE
Senator Russell Pearce, Vice-chairman 2009; Chairman 2010
Senator Paula Aboud
Senator Amanda Aguirre
Senator Chuck Gray
Senator Jack Harper
Senator Steve Pierce
Senator Rebecca Rios
Senator Jim Waring
JOINT COMMITTEE ON CAPITAL REVIEW
Senator Russell Pearce, Chairman 2009; Vice-chairman 2010
Senator Paula Aboud
Senator Amanda Aguirre
Senator Sylvia Allen
Senator Jorge Luis Garcia
Senator Chuck Gray
Senator Al Melvin
JOURNAL OF THE SENATE
Monday, January 12, 2009
12
SENATE ETHICS COMMITTEE
Senator Ron Gould, Chairman
Senator Richard Miranda
Senator Jonathan Paton
Senator Rebecca Rios
Senator Thayer Verschoor
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1001: An Act providing for the purchase and use of web and video conferencing
software by governmental agencies and schools.
Senate Bill 1002: An Act amending title 38, chapter 3, article 4, ARS, by adding section
38-449; relating to elected officials.
Senate Bill 1003: An Act amending section 28-1381, ARS; relating to driving under the
influence.
Senate Bill 1004: An Act amending title 13, chapter 37, ARS, by adding section 13-3728;
relating to false compartments in motor vehicles.
Senate Bill 1005: An Act amending sections 11-1008 and 11-1010, ARS; relating to animal
control.
Senate Bill 1006: An Act amending sections 16-201, 16-204 and 16-206, ARS; relating to
elections.
Senate Bill 1007: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971,
37-521, 41-1276, 42-17051 and 48-3620, ARS; relating to the state equalization assistance
property tax.
Senate Bill 1008: An Act amending section 26-101, ARS; relating to the adjutant general.
Senate Bill 1009: An Act amending section 41-619.55, ARS; relating to the board of
fingerprinting.
Senate Bill 1010: An Act amending sections 25-315, 25-325, 25-408, 25-415, 25-502, 25-503,
25-504 and 25-812, ARS; relating to marital and domestic relations.
Senate Bill 1011: An Act establishing the federal sex offender registration notification act
study committee.
Senate Bill 1012: An Act amending section 28-2402, ARS; relating to special license plates.
Senate Bill 1013: An Act amending sections 36-2907, 36-2907.06, 36-2939 and 36-2989,
ARS; relating to the Arizona health care cost containment system.
Senate Bill 1014: An Act amending section 36-2934, ARS; relating to the Arizona long-term
care system.
Senate Bill 1015: An Act amending section 13-3804, ARS; relating to the prevention of
offenses.
Senate Bill 1016: An Act amending sections 8-106 and 8-109, ARS; relating to adoption.
Senate Bill 1017: An Act amending sections 28-2351, 28-2403 and 28-2405, ARS; amending
title 28, chapter 7, article 12, ARS, by adding section 28-2433; amending sections 28-6501,
28-6991 and 28-6993, ARS; amending title 36, chapter 1, article 1, ARS, by adding section
36-120; relating to special plates.
JOURNAL OF THE SENATE
Monday, January 12, 2009
13
Senate Bill 1018: An Act amending title 12, chapter 5.1, article 1, ARS, by adding section
12-572; transferring and renumbering section 32-1473, ARS, for placement in title 12, chapter
5.1, article 1, ARS, as section 12-573; amending section 12-573, ARS, as transferred and
renumbered by this act; relating to health care actions.
Senate Bill 1019: An Act amending sections 42-1001 and 43-105, ARS; relating to taxation.
Senate Bill 1020: An Act amending section 41-608, ARS; relating to the veterans' donations
fund.
Senate Bill 1021: An Act amending sections 16-954, 43-613, 43-614, 43-615, 43-616 and
43-618, ARS; relating to individual income tax refunds.
Senate Bill 1022: An Act amending sections 41-1363 and 41-1365, ARS; relating to state
monuments and memorials.
Senate Bill 1023: An Act amending section 9-237, ARS; relating to cities and towns.
Senate Bill 1024: An Act amending section 44-1527, ARS; relating to consumer fraud.
Senate Bill 1025: An Act amending section 41-776, ARS; relating to state employees.
Senate Bill 1026: An Act amending section 36-909, ARS; relating to public health and safety.
Senate Bill 1027: An Act amending section 35-511, ARS; relating to federal income tax
considerations.
Senate Bill 1028: An Act amending section 35-149, ARS; relating to control of receipts and
expenditures.
Senate Bill 1029: An Act amending section 35-113, ARS; relating to budget preparation.
Senate Bill 1030: An Act amending section 36-899.03, ARS; relating to public health.
Senate Bill 1031: An Act amending section 35-741, ARS; relating to industrial development
bonds.
Senate Bill 1032: An Act amending section 35-494, ARS; relating to state bond contracts.
Senate Bill 1033: An Act amending section 35-465, ARS; relating to tax anticipation notes.
Senate Bill 1034: An Act amending section 35-118, ARS; relating to budget preparation.
Senate Bill 1035: An Act amending section 35-451.01, ARS; relating to common school and
high school bonds.
Senate Bill 1036: An Act amending section 35-403, ARS; relating to tax anticipation bonds.
Senate Bill 1037: An Act amending section 35-402, ARS; relating to state tax anticipation
bonds.
Senate Bill 1038: An Act amending section 35-341, ARS; relating to payment of state agency
accounts.
Senate Bill 1039: An Act amending section 35-188, ARS; relating to state debts.
Senate Bill 1040: An Act amending section 35-152, ARS; relating to expenses of federal special
masters.
Senate Bill 1041: An Act amending section 35-113.01, ARS; relating to federal funds.
Senate Bill 1042: An Act amending section 12-164, ARS; relating to the tax court.
Senate Bill 1043: An Act amending section 41-847, ARS; relating to archaeological discoveries.
JOURNAL OF THE SENATE
Monday, January 12, 2009
14
Senate Bill 1044: An Act amending section 41-1293, ARS; relating to the joint legislative
committee on federal mandates.
Senate Bill 1045: An Act amending section 41-1362, ARS; relating to the governmental mall
commission.
Senate Bill 1046: An Act amending section 41-1352, ARS; relating to the historical advisory
commission.
Senate Bill 1047: An Act amending sections 8-201, 8-802, 8-804, 8-811 and 8-844, ARS;
relating to child protective services.
Senate Bill 1048: An Act amending section 41-704, ARS; relating to the emergency
telecommunication services revolving fund.
Senate Bill 1049: An Act amending sections 8-105, 8-509, 8-802, 13-1602, 15-183, 15-512,
36-594.01, 36-594.02, 41-619.52, 41-619.53, 41-619.54, 41-619.55, 41-1758.01,
41-1758.03 and 41-1758.04, ARS; amending title 41, chapter 12, article 3.1, ARS, by adding
section 41-1758.07; amending sections 41-1964, 41-1967, 41-1967.01, 41-1968, 41-1969 and
46-141, ARS; relating to fingerprint clearance cards.
Senate Bill 1050: An Act amending section 28-907, ARS; relating to child restraint systems.
Senate Bill 1051: An Act amending section 25-817, ARS; relating to paternity.
Senate Bill 1052: An Act amending section 25-318, ARS; relating to dissolution of marriage.
Senate Bill 1053: An Act amending sections 16-311, 16-312 and 16-341, ARS; relating to
nominating procedures.
Senate Bill 1054: An Act amending section 26-342, ARS; relating to emergency and military
affairs.
Senate Bill 1055: An Act amending section 26-1003, ARS; relating to the code of military
justice.
Senate Bill 1056: An Act amending section 41-606, ARS; relating to the department of
veterans' services.
Senate Bill 1057: An Act amending section 41-607, ARS; relating to the department of
veterans' services.
Senate Bill 1058: An Act amending section 26-126, ARS; relating to military affairs.
Senate Bill 1059: An Act amending sections 13-1501 and 13-1805, ARS; amending title 13,
chapter 18, ARS, by adding section 13-1819; relating to theft.
Senate Bill 1060: An Act amending sections 28-672, 28-675 and 28-676, ARS; relating to
motor vehicle accidents.
Senate Bill 1061: An Act amending title 13, chapter 37, ARS, by adding section 13-3728;
relating to unlawful duplication of vehicle keys.
Senate Bill 1062: An Act amending section 38-1101, ARS; relating to law enforcement and
probation officers.
Senate Bill 1063: An Act amending sections 28-3002, 28-3165 and 36-341, ARS; relating to
domestic violence victims.
Senate Bill 1064: An Act amending section 43-567, ARS; relating to collection of tax.
Senate Bill 1065: An Act amending section 42-1002, ARS; relating to the department of
revenue.
Senate Bill 1066: An Act amending section 28-708, ARS; relating to vehicle speed restrictions.
JOURNAL OF THE SENATE
Monday, January 12, 2009
15
Senate Bill 1067: An Act amending sections 13-3885, 20-157.01, 20-158, 20-223, 20-224,
20-286, 20-301, 20-311.01, 20-311.03, 20-321.01, 20-321.02, 20-331, 20-331.01, 20-332,
20-340.06, 20-401.05, 20-401.07, 20-411, 20-415, 20-466, 20-481.21, 20-485.03,
20-488.07, 20-831, 20-885, 20-1009, 20-1059, 20-1096.05, 20-1561 and 33-803, ARS;
amending title 20, chapter 1, article 2, ARS, by adding section 20-157.02; repealing section
20-299, ARS; relating to the department of insurance.
Senate Bill 1068: An Act amending section 13-1204, ARS; relating to assault.
Senate Bill 1069: An Act amending section 22-281, ARS; relating to justice courts.
Senate Bill 1070: An Act amending section 13-709.03, ARS; relating to sentencing.
Senate Bill 1071: An Act amending sections 13-3401, 15-712 and 36-2513, ARS; relating to
drug offenses.
Senate Bill 1072: An Act changing the designation of title 5, chapter 4, article 1, ARS, to
“bingo and charity game ticket games”; amending sections 5-401, 5-402, 5-403, 5-404, 5-405,
5-406, 5-407, 5-408, 5-409, 5-412, 5-413 and 5-414, ARS; amending title 5, chapter 4, article
1, ARS, by adding sections 5-416, 5-417 and 5-418; relating to charitable organization
fund-raising.
Senate Bill 1073: An Act amending sections 11-256.03, 11-264, 11-825, 11-1042, 28-6538,
41-1966.01, 41-2404, 41-3451, 41-4256 and 49-1202, ARS; relating to county population
thresholds.
Senate Bill 1074: An Act amending sections 15-424, 15-493, 15-1442, 16-312, 16-314,
16-351, 16-542, 16-588.01 and 19-101, ARS; amending section 19-121.01, ARS, as amended
by Laws 2008, chapter 244, section 3; repealing section 19-121.01, ARS, as amended by Laws
2008, chapter 273, section 27; amending sections 19-121.02, 19-201 and 19-212, ARS;
blending multiple enactments; relating to elections.
Senate Concurrent Resolution 1001: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 15, Constitution of Arizona; relating to
aircraft license tax.
Senate Concurrent Resolution 1002: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 13, Constitution of Arizona; relating to
bond elections.
Senate Concurrent Resolution 1003: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1004: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1005: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article XVI, section 2, Constitution of Arizona; relating to
the national guard.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 2:43 p.m. until
Tuesday, January 13, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
16 JOURNAL OF THE SENATE
Tuesday, January 13, 2009
Second Day
The Senate convened at 1:00 p.m.
Tracey Moulton, Senate Attache, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Aboud.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen, Allen S, Alvarez, Burton Cahill, Garcia, Gorman,
Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny,
Verschoor, Waring, President Burns--29
EXCUSED: Cheuvront--1
JOURNAL
The President announced that without objection, reading of the Journal of Monday, January
12, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1075: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1076: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1077: An Act amending section 37-311, ARS; relating to trust lands suitable for
conservation.
Senate Bill 1078: An Act amending section 45-2102, ARS; relating to waters.
Senate Bill 1079: An Act amending section 28-669, ARS; relating to accidents.
Senate Bill 1080: An Act amending section 28-4495, ARS; relating to vehicle dealers,
automotive recyclers and transporters.
Senate Bill 1081: An Act amending section 28-883, ARS; relating to parking for persons with
physical disabilities.
Senate Bill 1082: An Act amending section 28-735, ARS; relating to vehicle regulation.
Senate Bill 1083: An Act amending section 45-1022, ARS; relating to waters.
Senate Bill 1084: An Act amending section 35-451.01, ARS; relating to common school and
high school bonds.
Senate Bill 1085: An Act amending section 35-403, ARS; relating to tax anticipation bonds.
Senate Bill 1086: An Act amending section 35-402, ARS; relating to state tax anticipation
bonds.
Senate Bill 1087: An Act amending section 13-3601.02, ARS; relating to family offenses.
Senate Bill 1088: An Act amending section 13-3601, ARS; relating to domestic violence.
Senate Bill 1089: An Act amending section 13-116, ARS; relating to double punishment.
Senate Bill 1090: An Act amending section 13-911, ARS; relating to restoration of civil rights.
Senate Bill 1091: An Act amending section 16-408, ARS; relating to elections and electors.
Senate Bill 1092: An Act amending section 16-501, ARS; relating to elections and electors.
JOURNAL OF THE SENATE
Tuesday, January 13, 2009
17
Senate Bill 1093: An Act amending section 12-164, ARS; relating to the tax court.
Senate Bill 1094: An Act amending section 12-822, ARS; relating to actions against public
entities or employees.
Senate Bill 1095: An Act amending section 12-171, ARS; relating to the tax court.
Senate Bill 1096: An Act amending section 13-2204, ARS; relating to business and commercial
fraud.
Senate Bill 1097: An Act amending sections 36-2220 and 36-2245, ARS; relating to
emergency medical services.
Senate Bill 1098: An Act amending section 36-3204, ARS; relating to health care directives.
Senate Bill 1099: An Act amending title 41, chapter 8, article 1, ARS, by adding sections
41-1306 and 41-1307; amending title 41, chapter 27, article 2, ARS, by adding section
41-3019.01; relating to the commission on uniform state laws.
Senate Bill 1100: An Act repealing section 41-3009.02, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.02; relating to the biomedical research commission.
Senate Bill 1101: An Act amending sections 36-446.03 and 36-446.12, ARS; relating to the
board of examiners of nursing care institution administrators and assisted living facility
managers.
Senate Bill 1102: An Act amending section 36-2236, ARS; relating to the regulation of
ambulances and ambulance services.
Senate Bill 1103: An Act amending Laws 2005, chapter 330, section 18; relating to the
Arizona partnership for nursing education demonstration project.
Senate Bill 1104: An Act amending sections 36-2912 and 36-2982, ARS; relating to the
children's health insurance program.
Senate Bill 1105: An Act amending sections 32-1601, 32-1602, 32-1603, 32-1605,
32-1605.01, 32-1606, 32-1608, 32-1609, 32-1631, 32-1632, 32-1633, 32-1634, 32-1634.01,
32-1634.02, 32-1635, 32-1635.01, 32-1636, 32-1638, 32-1639.01, 32-1639.02, 32-1640,
32-1642, 32-1643, 32-1644, 32-1646, 32-1647, 32-1663, 32-1663.01, 32-1664, 32-1665, 32-
1666, 32-1666.01 and 32-1669, ARS; repealing sections 32-1641 and 32-1662, ARS;
amending Laws 2004, chapter 121, section 2; relating to the board of nursing.
Senate Bill 1106: An Act amending sections 25-403 and 25-403.03, ARS; relating to child
custody.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:08 p.m. until
Wednesday, January 14, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
18 JOURNAL OF THE SENATE
Wednesday, January 14, 2009
Third Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:05 p.m. with
President Pro Tempore Verschoor presiding.
Senator Linda Gray offered prayer.
Pledge of Allegiance to the Flag was led by Senator Aguirre.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Garcia, Gorman,
Gould, Gray C, Gray L, Hale, Harper, Landrum Taylor, Leff, McCune Davis, Melvin,
Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor, Waring--25
EXCUSED: Cheuvront, Huppenthal, Lopez, Miranda, President Burns--5
Senator Huppenthal was seated at 1:08 p.m.
JOURNAL
President Pro Tempore Vershoor announced that without objection, reading of the Journal of
Tuesday, January 13, 2009 was dispensed with and approved as recorded by the Secretary.
MOTION TO ADJOURN
Senator Chuck Gray moved in compliance with Article IV, Part 2, Section 9, Constitution of
Arizona, that the Senate, Forty-ninth Legislature, First Regular Session request consent of the
House of Representatives for the Senate to adjourn on Thursday, January 15, 2009, after it has
completed its labors, until Tuesday, January 20, 2009. The motion carried and the Secretary
notified the House.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1107: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971,
37-521, 41-1276, 42-17051 and 48-3620, ARS; relating to the state equalization assistance
property tax.
Senate Bill 1108: An Act amending title 33, chapter 10, article 2, ARS, by adding section
33-1331; relating to the Arizona residential landlord and tenant act.
Senate Bill 1109: An Act amending sections 16-165 and 41-121, ARS; relating to voter
registration rolls.
Senate Bill 1110: An Act amending section 28-884, ARS; relating to parking for persons with
physical disabilities.
Senate Bill 1111: An Act amending sections 9-462.01, 11-251 and 11-254.06, ARS; repealing
title 11, chapter 6, articles 1 and 2, ARS; renumbering title 11, chapter 6, articles 3 and 4,
ARS, as title 11, chapter 6, articles 5 and 6, respectively; amending title 11, chapter 6, ARS, by
adding new articles 1, 2, 3 and 4; amending sections 11-866, 11-1101, 13-1422, 27-441,
27-442, 27-446, 27-447, 28-6705, 28-6713, 28-8481, 32-2181, 32-2183, 32-2197.08,
33-406, 33-422, 34-201, 34-610, 37-132, 37-331.03, 40-360.53, 41-1512.02, 41-1519,
45-108, 45-108.01, 45-108.02, 45-108.03, 45-108.04, 45-576, 48-3609.01, 48-6414 and
49-1273, ARS; relating to county planning and zoning.
Senate Bill 1112: An Act amending sections 13-706, 13-751, 13-755 and 13-1105, ARS;
amending section 13-752, ARS, as amended by Laws 2008, chapter 301, section 39; amending
section 13-752, ARS, as amended by Laws 2008, chapter 301, section 40; relating to
sentencing; providing for conditional enactment.
Senate Bill 1113: An Act amending section 4-226, ARS; amending Title 4, chapter 2, article 2,
ARS, by adding section 4-229; amending sections 4-244, 4-246, 5-395.03, 28-1321, 28-1385,
28-3320, 28-3322 and 28-3511, ARS; relating to handguns.
JOURNAL OF THE SENATE
Wednesday, January 14, 2009
19
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:16 p.m. until
Thursday, January 15, 2009 at 1:00 p.m.
THAYER VERSCHOOR
President Pro Tempore of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
20 JOURNAL OF THE SENATE
Thursday, January 15, 2009
Fourth Day
The Senate convened at 1:00 p.m. with President Pro Tempore Verschoor presiding.
Donna Kafer, Legislative Chaplain, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Carolyn Allen.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Lopez,
McCune Davis, Melvin, Nelson, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor,
Waring--25
EXCUSED: Gorman, Leff, Miranda, Paton, President Burns--5
Senator Gorman was seated at 1:05 p.m.
Senator Paton was seated at 1:06 p.m.
Senator Leff was seated at 1:08 p.m.
JOURNAL
President Pro Tempore Verschoor announced that without objection, reading of the Journal of
Wednesday, January 14, 2009 was dispensed with and approved as recorded by the Secretary.
MESSAGES FROM THE HOUSE
(January 14, 2009)
The House has acceded to the request of the Senate, Forty-ninth Legislature, First
Regular Session, to stand adjourned from Thursday, January 15, 2009, after its labors
are completed, until Tuesday, January 20, 2009.
(January 14, 2009)
In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of
Representatives request the consent of the Senate to adjourn the Forty-ninth
Legislature, First Regular Session, after it has completed its labors Thursday, January
15, 2009, until Tuesday, January 20, 2009.
Senator Chuck Gray moved that the Senate accede to the request of the House of
Representatives, Forty-ninth Legislature, First Regular Session to adjourn from Thursday,
January 15, 2009, after its labors are completed, until Tuesday, January 20, 2009. The motion
carried and the Secretary notified the House.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1114: An Act amending sections 41-541, 41-544 and 41-545, ARS; amending title
41, chapter 3, article 4, ARS, by adding sections 41-546 and 41-547; relating to the Arizona
commission of Indian affairs.
Senate Bill 1115: An Act amending sections 13-1802, 13-2910.01 and 13-2910.02, ARS;
relating to offenses against public order.
Senate Bill 1116: An Act amending section 38-846.01, ARS; relating to the public safety
personnel retirement system.
Senate Bill 1117: An Act amending section 38-757, ARS; relating to the Arizona state
retirement system.
Senate Bill 1118: An Act amending section 38-772, ARS; relating to the Arizona state
retirement system.
JOURNAL OF THE SENATE 21
Thursday, January 15, 2009
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:13 p.m. until
Tuesday, January 20, 2009 at 1:00 p.m.
THAYER VERSCHOOR
President Pro Tempore of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
22 JOURNAL OF THE SENATE
Tuesday, January 20, 2009
Ninth Day
The Senate convened at 1:00 p.m.
Tracey Moulton, Senate Attache, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Sylvia Allen.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Gorman, Gould, Gray C,
Gray L, Hale, Harper, Huppenthal, Leff, Lopez, Melvin, Miranda, Nelson, Paton,
Pierce S, Rios, Tibshraeny, Verschoor, President Burns--23
EXCUSED: Aboud, Burton Cahill, Garcia, Landrum Taylor, McCune Davis, Pearce R,
Waring--7
Senator Russell Pearce was seated at 1:04 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January
15, 2009 was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
EXECUTIVE NOMINATIONS
The President announced that without objection, Communications from the Governor as listed
on the calendar would not be read in full and would be entered in the Journal. The
nomination would be read by board and name only.
January 8, 2009
The Honorable Robert Burns
President of the Senate
Senate Wing, Room 204
1700 W. Washington St.
Phoenix, Arizona 85007
Dear President Burns:
Pursuant to A.R.S. §38-211, I have nominated the following individual to serve as a
member of the Arizona Power Authority Commission.
Dalton Henry Cole
10051 E. North Ranch Gate Rd.
Scottsdale, AZ 85255-2309
Position: Maricopa County
Date of Appointment: December 22, 2008
Term Beginning: January 21, 2008
Term Ending: January 20, 2014
Replacing: Re-appointed
I respectfully request confirmation of this nomination.
The nomination was referred to the Committee on Commerce and Economic Development.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1119: An Act amending sections 28-1321, 28-1381, 28-1382, 28-1385, 28-1401
and 28-1402, ARS; relating to driving under the influence.
Senate Bill 1120: An Act amending section 13-3601, ARS; relating to family offenses.
JOURNAL OF THE SENATE
Tuesday, January 20, 2009
23
Senate Bill 1121: An Act amending section 43-1089.01, ARS; relating to individual income tax
credits.
Senate Bill 1122: An Act amending Laws 2008, chapter 287, section 53; relating to school
sites.
Senate Bill 1123: An Act amending section 9-821.01, ARS; relating to city and town elections.
Senate Bill 1124: An Act amending section 13-3208, ARS; relating to prostitution.
Senate Bill 1125: An Act amending section 31-240, ARS; relating to prisoners.
Senate Bill 1126: An Act amending section 13-2504, ARS; relating to escape.
Senate Bill 1127: An Act amending section 13-3006, ARS; relating to communication service
information.
Senate Bill 1128: An Act amending section 28-4138, ARS; relating to mandatory motor
vehicle insurance.
Senate Bill 1129: An Act amending sections 15-341, 15-2002, 15-2022 and 15-2031, ARS;
relating to the school facilities board.
Senate Bill 1130: An Act amending sections 15-2002 and 15-2041, ARS; relating to the school
facilities board.
Senate Bill 1131: An Act amending sections 31-254, 31-281, 31-282, 31-284, 31-285, 31-286
and 31-287, ARS; repealing section 31-283, ARS; relating to prisoners.
Senate Bill 1132: An Act amending section 15-469, ARS; relating to school district boundaries.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:12 p.m. until
Wednesday, January 21, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
24 JOURNAL OF THE SENATE
Wednesday, January 21, 2009
Tenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:13 p.m.
Senator Russell Pearce offered prayer.
Pledge of Allegiance to the Flag was led by Senator Alvarez.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--28
EXCUSED: Burton Cahill, Garcia--2
PRIVILEGES OF THE FLOOR
President Burns extended privileges of the floor to former State Senator Robert Blendu.
PERSONAL PRIVILEGE
Senator Tibshraeny read the following Senate Proclamation on Arizona Aviation Day:
Arizona State Senate
Senate Proclamation
“Arizona Aviation Day”
WHEREAS, an efficient and reliable aviation system is a critical element of Arizona’s
overall transportation system and the vitality of our state’s economy; and
WHEREAS, the aviation industry had a $38.7 billion impact on Arizona’s economy in
2007; and
WHEREAS, over the next twenty years the total number of passengers at all twelve
commercial service airports in the state is expected to nearly double; as well as the
amount of cargo passing through our airports is expected to more than double; and
WHEREAS, the total number of general aviation aircraft based in Arizona is expected
to increase by more than thirty percent over the next twenty years;
NOW, THEREFORE, The Arizona State Senate does hereby proclaim January 21,
2009.
* Arizona Aviation Day *
Dated this 21st day of January, 2009.
/s/ Bob Burns
Senate President
JOURNAL
The President announced that without objection, reading of the Journal of Tuesday, January,
20, 2009 was dispensed with and approved as recorded by the Secretary.
RECESS
At 1:21 p.m. President Burns announced that the Senate would stand at recess until after
Caucus.
JOURNAL OF THE SENATE
Wednesday, January 21, 2009
25
Senator Harper introduced the following distinguished military guests on the Floor:
Arizona National Guard, Major General Hugo E. Salazar; Fort Huachuca, Colonel
Jasey B. Briley; Yuma Marine Corps Air Station, Colonel Henry M. Reed III;
Davis-Monthan Air Force Base, Colonel Robert W. Singleton; Yuma Army Proving
Ground, Major Katherine Ireland; Civil Air Patrol, Major James Nova
RECONVENE
President Burns called the Senate to order at 1:40 p.m.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1133: An Act prescribing corrections for school district budget overexpenditures.
Senate Bill 1134: An Act repealing section 41-3010.25, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.01; relating to the commission for postsecondary
education.
Senate Bill 1135: An Act amending sections 15-1781, 15-1782 and 15-1783, ARS; relating to
the mathematics, science and special education teacher student loan program.
Senate Bill 1136: An Act amending section 28-963, ARS; relating to motor vehicle equipment.
Senate Bill 1137: An Act amending sections 28-3511 and 28-3512, ARS; relating to vehicle
impoundment.
OTHER BUSINESS OF THE SENATE
EXECUTIVE CONFIRMATIONS
The Committee on Commerce and Economic Development, Senator Leff, Chairman, having
had under consideration the matter of the Governor's appointment of Dalton Henry Cole as a
member of the Arizona Power Authority Commission for the term of office expiring January
20, 2014 submitted the following report: Your Committee recommends to the Senate the
confirmation.
The President asked if the Senate would advise and consent to the nomination and it was
agreed to.
The Secretary notified the Governor and the Secretary of State of the confirmation.
The President announced that without objection, the Secretary would immediately transmit
the confirmation to the Secretary of State.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:43 p.m. until
Thursday, January 22, 2009 at 11:30 a.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
26 JOURNAL OF THE SENATE
Thursday, January 22, 2009
Eleventh Day
The Senate convened at 11:30 a.m.
Senator Gould offered prayer.
Pledge of Allegiance to the Flag was led by Taylor Ablin and Caitlin Chavez, students from
North Ranch Elementary.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Garcia, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--28
EXCUSED: Aboud, Burton Cahill--2
Senator Aboud was seated at 11:39 a.m.
JOURNAL
The President announced that without objection, reading of the Journal of Wednesday,
January 21, 2009 was dispensed with and approved as recorded by the Secretary.
RECESS
At 11:57 a.m. the Senate stood at recess subject to the sound of the gavel.
RECONVENE
The President called the Senate to order at 12:00 noon.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 12:01 p.m. until
Monday, January 26, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 27
Monday, January 26, 2009
Fifteenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Senator Linda Gray offered prayer.
Pledge of Allegiance to the Flag was led by Senator Burton Cahill.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Garcia, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez, Melvin,
Miranda, Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor, Waring,
President Burns--27
EXCUSED: Aboud, Cheuvront, McCune Davis--3
Senator Aboud was seated at 6:22 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January
22, 2009 was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
SUSPENSION OF RULES
Senator Chuck Gray moved that the portion of Senate Rule 7B-5 which requires committee
agendas to be distributed at least five days prior to the committee meeting and unanimous
consent of the committee to add bills to such agendas be suspended for the purpose of
allowing the Committee on Appropriations to meet. The motion carried and the Secretary
recorded the action.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1138: An Act amending section 13-3603.01, ARS; relating to abortion.
Senate Bill 1139: An Act amending Laws 2007, chapter 54, sections 1 and 2; relating to global
position system monitoring.
Senate Bill 1140: An Act amending section 22-281, ARS; relating to justice courts.
Senate Bill 1141: An Act amending title 9, chapter 4, article 6, ARS, by adding section
9-461.14; amending title 11, chapter 6, article 2, ARS, by adding section 11-834; relating to
local planning.
Senate Bill 1142: An Act amending title 9, chapter 4, article 8, ARS, by adding section
9-500.10; amending title 11, chapter 3, article 4, ARS, by adding section 11-500; amending
section 41-725, ARS; relating to public finance transparency.
Senate Bill 1143: An Act amending sections 28-3001, 28-3002, 28-3101, 28-3165 and
28-3171, ARS; amending title 28, chapter 8, article 1, ARS, by adding section 28-3007;
relating to driver licenses.
Senate Bill 1144: An Act amending sections 36-540.01 and 36-541.01, ARS; relating to
court-ordered treatment.
Senate Bill 1145: An Act amending section 49-333, ARS; relating to dry wells.
Senate Bill 1146: An Act relating to municipal expenditure limitations.
Senate Bill 1147: An Act amending title 49, chapter 1, ARS, by adding article 6; relating to the
regulation of greenhouse gas emissions and motor vehicle fuel economy.
JOURNAL OF THE SENATE
Monday, January 26, 2009
28
Senate Bill 1148: An Act amending title 33, chapter 4, article 3, ARS, by adding section
33-441; relating to deed restrictions.
Senate Bill 1149: An Act amending section 25-516, ARS; relating to family support duties.
Senate Bill 1150: An Act amending sections 35-311, 35-313 and 35-317, ARS; relating to the
state board of investment.
Senate Bill 1151: An Act amending section 35-101, ARS; relating to convenience fees.
Senate Bill 1152: An Act amending sections 12-2231, 12-2232, 36-535, 36-536, 36-537 and
36-539, ARS; relating to court-ordered treatment.
Senate Bill 1153: An Act amending section 40-337, ARS; relating to railroad crossings.
Senate Bill 1154: An Act amending section 15-1042, ARS; relating to the student
accountability information system.
Senate Bill 1155: An Act amending section 37-311, ARS; relating to trust lands suitable for
conservation.
Senate Bill 1156: An Act amending sections 9-463.05, 9-500.18 and 11-1102, ARS; relating to
local development fees.
Senate Bill 1157: An Act repealing section 41-3009.05, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.05; relating to the department of environmental
quality.
Senate Bill 1158: An Act amending sections 16-341 and 16-507, ARS; relating to conduct of
elections.
Senate Bill 1159: An Act amending title 13, chapter 15, ARS, by adding section 13-1509;
relating to trespassing.
Senate Bill 1160: An Act amending sections 28-2051, 28-2059, 28-2157 and 28-2163, ARS;
relating to vehicle title and registration.
Senate Bill 1161: An Act amending section 38-849, ARS; relating to the public safety
personnel retirement system.
Senate Bill 1162: An Act amending title 41, chapter 12, article 2, ARS, by adding section
41-1724; making appropriations; relating to the department of public safety.
Senate Bill 1163: An Act amending title 44, chapter 9, article 1, ARS, by adding section
44-1209; relating to loans.
Senate Bill 1164: An Act amending section 16-904, ARS; relating to campaign contributions
and expenses.
Senate Bill 1165: An Act amending title 35, chapter 1, article 1, ARS, by adding section
35-104; relating to the state's financial condition.
Senate Bill 1166: An Act changing the designation of title 41, chapter 44, ARS, to “authorized
presence and identification requirements”; amending title 41, chapter 44, ARS, by adding
article 2; relating to valid identification.
Senate Bill 1167: An Act amending section 13-3102, ARS; relating to weapons.
Senate Bill 1168: An Act amending section 35-113.01, ARS; relating to federal monies.
Senate Bill 1169: An Act amending sections 28-3513 and 41-795, ARS; relating to vehicle
impoundment.
Senate Bill 1170: An Act repealing section 22-303, ARS; amending title 22, chapter 3, article
1, ARS, by adding a new section 22-303; relating to justice courts.
JOURNAL OF THE SENATE
Monday, January 26, 2009
29
Senate Bill 1171: An Act amending title 41, chapter 6, article 3, ARS, by adding section
41-1021.03; providing for the delayed repeal of section 41-1021.03, ARS, as added by this act;
relating to state agency rule making.
Senate Bill 1172: An Act amending title 15, chapter 2, article 2, ARS, by adding section
15-248; relating to the department of education.
Senate Bill 1173: An Act amending title 36, chapter 12, article 1, ARS, by adding section
36-1426; relating to public housing.
Senate Bill 1174: An Act amending sections 38-651 and 38-651.01, ARS; relating to state
employee health insurance.
Senate Bill 1175: An Act amending title 11, chapter 7, ARS, by adding article 8; amending
title 13, chapter 15, ARS, by adding section 13-1509; relating to illegal aliens.
Senate Bill 1176: An Act amending section 41-608.04, ARS; relating to the military family
relief fund.
Senate Bill 1177: An Act amending title 13, chapter 37, ARS, by adding sections 13-3728,
13-3729 and 13-3730; amending section 28-3511, ARS; amending title 41, chapter 12, article
2, ARS, by adding section 41-1724; relating to unauthorized aliens.
Senate Bill 1178: An Act amending sections 41-4254 and 41-4258, ARS; repealing section
41-4256, ARS; amending title 41, chapter 41, article 1, ARS, by adding a new section
41-4256; relating to homeland security.
Senate Bill 1179: An Act amending section 28-4308, ARS; relating to vehicle dealers and
automotive recyclers.
Senate Bill 1180: An Act amending section 28-4847, ARS; relating to towing of vehicles.
Senate Bill 1181: An Act amending sections 28-101, 28-401, 28-481, 28-1176, 28-2232 and
28-5474, ARS; changing the designation of title 28, chapter 16, article 1, ARS, to “aviation
fuel tax collection”; amending sections 28-5601, 28-5603 and 28-5604, ARS; repealing section
28-5605, ARS; amending sections 28-5606, 28-5607, 28-5608, 28-5609 and 28-5610, ARS;
repealing section 28-5611, ARS; amending sections 28-5612 and 28-5613, ARS; repealing
sections 28-5614, 28-5615, 28-5616 and 28-5617, ARS; amending sections 28-5618,
28-5619, 28-5620 and 28-5622, ARS; repealing section 28-5623, ARS; amending section
28-5624, ARS; repealing section 28-5625, ARS; amending sections 28-5626, 28-5633,
28-5634, 28-5635, 28-5636, 28-5637, 28-5638 and 28-5639, ARS; repealing section 28-5640,
ARS; amending section 28-5644, ARS; repealing sections 28-5645, 28-5646, 28-5647,
28-5648 and 28-5649, ARS; repealing title 28, chapter 16, article 2, ARS; amending section
28-5925, ARS; repealing sections 28-5926 and 28-5927, ARS; amending sections 28-6001,
28-6006, 28-6501, 28-6540, 28-6547, 42-5061, 42-5071, 42-5151 and 42-5159, ARS;
amending title 42, chapter 6, article 1, ARS, by adding section 42-6011; amending title 42,
chapter 6, article 3, ARS, by adding section 42-6103.01; relating to motor fuel taxes.
Senate Bill 1182: An Act amending section 35-185.01, ARS; relating to the state treasurer's
warrant notes.
Senate Bill 1183: An Act repealing section 48-6009, ARS; repealing Laws 2005, chapter 60,
article 1; relating to recreational corridor channelization districts.
Senate Bill 1184: An Act amending section 5-311, ARS; relating to boating and water sports.
Senate Bill 1185: An Act amending section 9-212, ARS; relating to municipal government.
Senate Bill 1186: An Act amending section 4-250.01, ARS; relating to alcoholic beverage
prohibitions.
Senate Bill 1187: An Act amending section 19-119, ARS; relating to initiative and referendum.
Senate Bill 1188: An Act amending section 6-384, ARS; relating to the deposit of fiduciary
funds.
JOURNAL OF THE SENATE
Monday, January 26, 2009
30
Senate Bill 1189: An Act amending section 8-162, ARS; relating to nonrecurring adoption
expenses.
Senate Bill 1190: An Act amending section 3-108, ARS; relating to the department of
agriculture.
Senate Concurrent Resolution 1006: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 17, Constitution of Arizona; relating to
state appropriations.
Senate Concurrent Resolution 1007: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VI, sections 37 and 38, Constitution of Arizona;
relating to the judicial department.
Senate Concurrent Resolution 1008: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to school finance.
Senate Concurrent Resolution 1009: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona;
relating to voter-protected funding.
Senate Concurrent Resolution 1010: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to illegal aliens.
Senate Concurrent Resolution 1011: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 17, Constitution of Arizona; relating to
public debt, revenue and taxation.
Senate Concurrent Resolution 1012: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, Constitution of Arizona, by adding section 3.1;
relating to government accounting.
Senate Concurrent Resolution 1013: A Concurrent Resolution expressing support for the
development and use of renewable energy sources.
Senate Concurrent Resolution 1014: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 3, Constitution of Arizona; relating to
annual tax.
Senate Concurrent Resolution 1015: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 2, section 4, Constitution of Arizona;
relating to qualification for membership in legislature.
Senate Concurrent Resolution 1016: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article X, section 4, Constitution of Arizona; relating to
state trust lands.
RECESS
At 1:17 p.m. the Senate stood at recess subject to the sound of the gavel.
RECONVENE
The President called the Senate to order at 6:22 p.m.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 6:24 p.m. until
Tuesday, January 27, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 31
Tuesday, January 27, 2009
Sixteenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Lerry Alderman, Globe City Councilman, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Garcia.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor,
Leff, Lopez, McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--30
JOURNAL
The President announced that without objection, reading of the Journal of Monday, January
26, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1191: An Act amending sections 28-101, 28-701, 28-704, 28-3152 and 28-3511,
ARS; relating to vehicular travel on highways.
Senate Bill 1192: An Act amending section 15-741, ARS; relating to pupil assessment.
Senate Bill 1193: An Act amending sections 34-603 and 48-914, ARS; amending title 48,
chapter 6, article 1, ARS, by adding section 48-967; relating to government construction
project delivery methods.
Senate Bill 1194: An Act repealing section 15-108, ARS; amending title 15, chapter 2, article
2, ARS, by adding section 15-241.01; relating to the department of education.
Senate Bill 1195: An Act amending section 15-184, ARS; amending title 15, chapter 1, article
8, ARS, by adding section 15-186; relating to charter schools.
Senate Bill 1196: An Act amending section 15-202, ARS; relating to the state board of
education.
Senate Bill 1197: An Act amending section 32-1282, ARS; relating to dentistry.
Senate Bill 1198: An Act amending section 27-514, ARS; relating to production and
conservation of oil and gas.
Senate Bill 1199: An Act amending section 20-344, ARS; relating to transaction of insurance
business.
Senate Bill 1200: An Act amending section 15-443, ARS; relating to school district boundaries.
Senate Bill 1201: An Act amending section 15-361, ARS; relating to school district governing
boards.
Senate Bill 1202: An Act amending section 15-209, ARS; relating to the state board of
education.
Senate Bill 1203: An Act amending section 41-511.22, ARS; relating to the Arizona state
parks board.
Senate Bill 1204: An Act amending section 15-132, ARS; relating to exchange teachers.
Senate Bill 1205: An Act amending section 41-762, ARS; relating to state personnel
administration.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
32
Senate Bill 1206: An Act amending sections 25-318, 25-319 and 25-320, ARS; relating to
dissolution of marriage.
Senate Bill 1207: An Act amending sections 38-727 and 38-804, ARS; relating to the elected
officials' retirement plan.
Senate Bill 1208: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section
41-1234; relating to lobbyists.
Senate Bill 1209: An Act amending title 8, chapter 5, article 1, ARS, by adding section 8-528;
relating to child welfare and placement.
Senate Bill 1210: An Act amending section 33-808, ARS; relating to deeds of trust.
Senate Bill 1211: An Act amending sections 12-102, 16-955, 16-959 and 38-431.08, ARS;
relating to the commissions on appellate and trial court appointments; providing for
conditional enactment.
Senate Bill 1212: An Act amending section 41-1750, ARS; relating to the department of public
safety.
Senate Bill 1213: An Act amending title 23, chapter 2, article 1, ARS, by adding section
23-204; relating to employment practices.
Senate Bill 1214: An Act amending title 41, chapter 23, ARS, by adding article 11; relating to
the state procurement code.
Senate Bill 1215: An Act amending sections 23-1302, 23-1304, 23-1305, 23-1306 and
23-1501, ARS; relating to labor relations.
Senate Bill 1216: An Act amending title 23, chapter 8, ARS, by adding article 7; amending
section 41-1092.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section
41-3019.01; relating to the public employee bargaining act.
Senate Bill 1217: An Act amending title 44, chapter 11, ARS, by adding article 24; relating to
health care businesses.
Senate Bill 1218: An Act amending title 23, chapter 9, ARS, by adding article 2; relating to
legislative employment leave.
Senate Bill 1219: An Act amending title 23, ARS, by adding chapter 10; relating to family
leave insurance.
Senate Bill 1220: An Act amending title 23, chapter 8, ARS, by adding article 7; relating to
labor organizations.
Senate Bill 1221: An Act amending title 41, chapter 10, ARS, by adding article 5; relating to
apprentices on state construction projects.
Senate Bill 1222: An Act amending sections 44-1271 and 44-1276, ARS; amending title 44,
chapter 9, article 6, ARS, by adding section 44-1283; relating to telephone solicitations.
Senate Bill 1223: An Act amending section 16-168, ARS; relating to registration rolls.
Senate Bill 1224: An Act transferring income tax revenues from the tourism and sports
authority to the state general fund.
Senate Bill 1225: An Act amending section 45-1022, ARS; relating to water.
Senate Bill 1226: An Act amending section 45-272, ARS; relating to waters.
Senate Bill 1227: An Act amending title 26, chapter 2, article 3, ARS, by adding section
26-347.01; relating to hazardous substances.
Senate Bill 1228: An Act amending title 36, ARS, by adding chapter 11; relating to
prescription medication marketing costs.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
33
Senate Bill 1229: An Act amending title 32, chapter 18, article 3, ARS, by adding section
32-1974; relating to the board of pharmacy.
Senate Bill 1230: An Act amending title 32, chapter 18, article 3, ARS, by adding section
32-1974; relating to the board of pharmacy.
Senate Bill 1231: An Act amending section 43-222, ARS; amending title 43, chapter 10, article
5, ARS, by adding section 43-1074.03; amending title 43, chapter 11, article 6, ARS, by
adding section 43-1184; making appropriations; relating to individual and corporate income
tax credits.
Senate Bill 1232: An Act amending section 36-136, ARS; amending title 36, ARS, by adding
chapter 11; relating to body art establishments.
Senate Bill 1233: An Act amending section 23-777, ARS; relating to employment security.
Senate Bill 1234: An Act amending title 20, chapter 4, article 3, ARS, by adding section
20-826.05; amending sections 20-841 and 20-1057, ARS; amending title 20, chapter 4, article
9, ARS, by adding section 20-1057.12; amending title 20, chapter 6, article 5, ARS, by adding
sections 20-1402.04 and 20-1404.04; amending section 20-1406, ARS; relating to health
insurance coverage.
Senate Bill 1235: An Act amending section 41-2632, ARS; relating to cooperative purchasing
agreements.
Senate Bill 1236: An Act amending section 49-250, ARS; relating to water quality control.
Senate Bill 1237: An Act amending section 39-121.02, ARS; relating to public records.
Senate Bill 1238: An Act amending section 48-6002, ARS; relating to recreational corridor
channelization districts.
Senate Bill 1239: An Act amending sections 45-2244 and 45-2281, ARS; relating to county
water authority.
Senate Bill 1240: An Act amending section 42-12004, ARS; relating to property tax classes.
Senate Bill 1241: An Act amending title 40, chapter 4, article 3, ARS, by adding section
40-857; relating to railroad corporations.
Senate Bill 1242: An Act amending sections 11-441, 13-3102, 13-3112 and 38-1102, ARS;
relating to firearms.
Senate Bill 1243: An Act amending title 13, chapter 4, ARS, by adding section 13-421;
relating to justification.
Senate Bill 1244: An Act amending sections 8-503, 8-800, 8-803, 8-819, 8-821, 8-822, 8-823
and 8-846, ARS; relating to dependent children.
Senate Bill 1245: An Act amending section 19-124, ARS; relating to initiative and referendum;
providing for conditional enactment.
Senate Bill 1246: An Act amending section 8-525, ARS; relating to child welfare and
placement.
Senate Bill 1247: An Act amending sections 8-382, 8-402, 8-418, 13-4401 and 13-4422, ARS;
relating to victims' rights.
Senate Bill 1248: An Act amending sections 39-121.01 and 41-1376.01, ARS; relating to
public records.
Senate Bill 1249: An Act amending sections 41-621 and 41-622, ARS; amending title 41,
chapter 3.1, article 1, ARS, by adding section 41-626; relating to risk management.
Senate Bill 1250: An Act amending section 38-615, ARS; relating to payments for
accumulated sick leave.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
34
Senate Bill 1251: An Act amending section 32-1158, ARS; relating to contractors.
Senate Bill 1252: An Act providing for a performance audit of the Arizona state boxing
commission.
Senate Bill 1253: An Act amending section 13-1105, ARS; relating to homicide.
Senate Bill 1254: An Act amending section 13-4062, ARS; relating to attendance of witnesses.
Senate Concurrent Resolution 1017: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VI, section 14, Constitution of Arizona; relating to
superior court original jurisdiction.
Senate Concurrent Resolution 1018: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 2, section 4, Constitution of Arizona;
relating to qualification for membership in legislature.
Senate Concurrent Resolution 1019: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1020: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; repealing article VI, sections 36 and 41, Constitution of Arizona;
amending article VI, sections 37 and 40, Constitution of Arizona; relating to the judicial
department.
Senate Concurrent Resolution 1021: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; repealing article XXV, Constitution of Arizona; amending the
Constitution of Arizona by adding a new article XXV; relating to collective bargaining.
Senate Concurrent Resolution 1022: A Concurrent Resolution ratifying the proposed
amendment to the Constitution of the United States; providing that equality of rights under
the law shall not be abridged by the United States or any state on account of sex.
Senate Concurrent Resolution 1023: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona;
relating to initiatives.
Senate Joint Resolution 1001: A Joint Resolution supporting the establishment of official
immigration and customs enforcement auxiliaries in this state.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:22 p.m. until
Wednesday, January 28, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 35
Wednesday, January 28, 2009
Seventeenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m. with
President Pro Tempore Verschoor presiding.
Senator Alvarez offered prayer.
Pledge of Allegiance to the Flag was led by Senator Gould.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Alvarez, Burton Cahill, Garcia, Gorman, Gould, Gray C,
Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Melvin,
Miranda, Nelson, Paton, Pearce R, Pierce S, Tibshraeny, Verschoor, Waring--24
EXCUSED: Aboud, Allen S, Cheuvront, Lopez, Rios, President Burns--6
Senator Sylvia Allen was seated at 1:09 p.m.
Senator Cheuvront was seated at 1:12 p.m.
Senators Aboud and Rios were seated at 1:15 p.m.
Senator Lopez was seated at 1:18 p.m.
President Burns was seated at 9:49 p.m.
JOURNAL
President Pro Tempore Verschoor announced that without objection, reading of the Journal of
Tuesday, January 27, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1255: An Act amending Laws 2005, chapter 322, section 2, as amended by Laws
2007, chapter 222, section 15 and chapter 262, section 3; making an appropriation; relating to
mine reclamation plan review.
Senate Bill 1256: An Act amending section 27-1233, ARS; relating to aggregate mine
reclamation.
Senate Bill 1257: An Act amending section 9-121, ARS; relating to consolidation of towns.
Senate Bill 1258: An Act amending title 27, chapter 1, article 2, ARS, by adding section
27-123; relating to the state mine inspector.
Senate Bill 1259: An Act amending section 27-1226, ARS; relating to aggregate mined land
reclamation.
Senate Bill 1260: An Act amending title 27, chapter 6, article 1, ARS, by adding section
27-1203.01; relating to mined land reclamation.
Senate Bill 1261: An Act repealing title 28, chapter 22, ARS; amending title 28, ARS, by
adding a new chapter 22; amending sections 35-701, 42-5069 and 42-6208, ARS; relating to
public-private partnerships in transportation.
Senate Bill 1262: An Act amending title 23, chapter 6, article 9, ARS, by adding section
23-1062.02; relating to workers' compensation.
Senate Bill 1263: An Act amending section 37-257, ARS; relating to the sale of state lands.
Senate Bill 1264: An Act amending title 32, chapter 32, article 1, ARS, by adding section
32-3213; relating to health professionals.
Senate Bill 1265: An Act amending title 47, chapter 3, article 3, ARS, by adding section
47-3312; relating to negotiable instruments.
JOURNAL OF THE SENATE
Wednesday, January 28, 2009
36
Senate Bill 1266: An Act amending sections 23-901.08 and 23-1021, ARS; relating to workers'
compensation.
Senate Bill 1267: An Act amending section 48-2333, ARS; relating to agricultural
improvement districts.
Senate Bill 1268: An Act amending title 23, chapter 8, article 1, ARS, by adding section
23-1308; relating to labor organizations.
Senate Bill 1269: An Act amending section 11-829, ARS; relating to planning and zoning.
Senate Bill 1270: An Act amending section 13-3102, ARS; amending title 13, chapter 31,
ARS, by adding section 13-3114; relating to weapons.
Senate Bill 1271: An Act amending section 48-4023, ARS; relating to county jail districts.
Senate Bill 1272: An Act amending section 15-1444, ARS; relating to community colleges.
Senate Bill 1273: An Act amending section 28-2010, ARS; relating to motorcycle safety.
Senate Bill 1274: An Act amending section 28-3319, ARS; relating to driving under the
influence.
Senate Bill 1275: An Act amending sections 12-1286, 33-401, 33-809 and 33-811, ARS;
relating to transfers of real property.
Senate Bill 1276: An Act amending title 15, chapter 12, article 3, ARS, by adding sections
15-1453 and 15-1454; relating to community colleges.
Senate Bill 1277: An Act amending section 33-1368, ARS; relating to the Arizona residential
landlord and tenant act.
Senate Bill 1278: An Act amending section 13-3602, ARS; relating to family offenses.
Senate Bill 1279: An Act amending title 13, chapter 29, ARS, by adding section 13-2910.09;
relating to equine tripping.
Senate Bill 1280: An Act amending title 13, chapter 23, ARS, by adding section 13-2323;
relating to aliens.
Senate Bill 1281: An Act amending sections 13-1307 and 13-1308, ARS; relating to human
trafficking.
Senate Bill 1282: An Act amending section 13-2319, ARS; relating to smuggling.
Senate Bill 1283: An Act amending section 5-112, ARS; amending title 5, chapter 1, article 1,
ARS, by adding section 5-116; relating to dog racing.
Senate Bill 1284: An Act amending section 32-1134, ARS; relating to contractors.
Senate Bill 1285: An Act amending section 8-807, ARS; relating to protective services.
Senate Concurrent Resolution 1024: A Concurrent Resolution expressing opposition to any
federal legislation that would expand federal jurisdiction in administering the Point Source
Discharge Program.
Senate Concurrent Resolution 1025: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, Constitution of Arizona, by adding section 19;
relating to taxpayer money for candidates.
Senate Concurrent Resolution 1026: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 36;
relating to the right to vote a secret ballot.
RECESS
At 1:28 p.m. the Senate stood at recess subject to the sound of the gavel.
JOURNAL OF THE SENATE
Wednesday, January 28, 2009
37
RECONVENE
The President assumed the chair and called the Senate to order at 9:49 p.m.
ADJOURNMENT
Upon motion of President Pro Tempore Verschoor and agreed to, the Senate adjourned at
9:49 p.m. until Thursday, January 29, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
38 JOURNAL OF THE SENATE
Thursday, January 29, 2009
Eighteenth Day
The Senate convened at 1:00 p.m.
Senator Burton Cahill offered prayer.
Pledge of Allegiance to the Flag was led by Senator Chuck Gray.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Leff,
Lopez, McCune Davis, Melvin, Nelson, Paton, Pearce R, Pierce S, Tibshraeny,
Verschoor, Waring, President Burns--27
EXCUSED: Hale, Miranda, Rios--3
Senator Miranda was seated at 1:08 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Wednesday,
January 28, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1286: An Act amending section 15-1626, ARS; relating to the Arizona board of
regents.
Senate Bill 1287: An Act amending title 41, chapter 7, article 1, ARS, by adding section
41-1108; relating to legislative notice requirements.
Senate Bill 1288: An Act amending sections 45-576.01, 45-576.03, 48-3712, 48-3713,
48-3751, 48-3762, 48-3772, 48-3774 and 48-3780.01, ARS; amending title 48, chapter 22,
article 4, ARS, by adding section 48-3779; relating to groundwater replenishment.
Senate Bill 1289: An Act amending section 28-667, ARS; relating to vehicle accident reports.
Senate Bill 1290: An Act amending sections 35-192 and 37-623.02, ARS; relating to wildland
fire suppression reimbursement claims.
Senate Bill 1291: An Act amending section 41-1722, ARS; relating to photo enforcement.
Senate Bill 1292: An Act amending section 32-2121, ARS; relating to real estate.
Senate Bill 1293: An Act amending section 28-507, ARS; relating to the transportation system
database.
Senate Bill 1294: An Act amending sections 37-241, 37-247 and 37-288, ARS; relating to
state trust land defaults.
Senate Bill 1295: An Act amending section 17-233, ARS; relating to the game and fish
commission.
Senate Bill 1296: An Act amending section 37-249, ARS; relating to state trust land.
Senate Bill 1297: An Act amending section 48-3603, ARS; relating to county flood control
districts.
Senate Bill 1298: An Act repealing section 23-362, ARS, as amended by Laws 1997, chapter
51, section 1; relating to wages.
Senate Bill 1299: An Act amending section 21-202, ARS; relating to jurors.
JOURNAL OF THE SENATE
Thursday, January 29, 2009
39
Senate Bill 1300: An Act repealing section 9-500.11, ARS, as amended by Laws 2005, chapter
105, section 2; relating to municipal economic development.
Senate Bill 1301: An Act repealing section 48-4831, ARS, as amended by Laws 1993, chapter
144, section 1; relating to active management area water districts.
Senate Bill 1302: An Act repealing section 28-5201, ARS, as amended by Laws 2008, chapter
142, section 9; repealing section 28-5204, ARS, as amended by Laws 2008, chapter 142,
section 10; relating to motor carrier safety.
Senate Bill 1303: An Act amending sections 38-431.01 and 38-431.02, ARS; relating to public
meetings.
Senate Bill 1304: An Act amending section 39-121.01, ARS; relating to public records.
Senate Bill 1305: An Act amending sections 39-121.01, ARS; relating to public records.
Senate Bill 1306: An Act amending sections 34-103 and 34-603, ARS; relating to the
procurement of professional services.
Senate Bill 1307: An Act amending title 37, chapter 2, article 4, ARS, by adding section
37-282.01; relating to state land appraisals.
Senate Bill 1308: An Act amending sections 32-702 and 32-730, ARS; relating to certified
public accountants.
Senate Bill 1309: An Act amending section 41-1505.08, ARS; relating to the department of
commerce.
Senate Bill 1310: An Act amending sections 36-553, 36-573, 41-2451, 41-2452, 41-2454 and
41-4101, ARS; repealing section 41-3009.04, ARS; amending title 41, chapter 27, article 2,
ARS, by adding section 41-3010.26; relating to the Arizona council on developmental
disabilities.
Senate Bill 1311: An Act amending title 32, chapter 32, ARS, by adding article 3; relating to
end-of-life care.
Senate Bill 1312: An Act establishing the perinatal mood disorder study committee.
Senate Bill 1313: An Act amending sections 11-354 and 11-356, ARS; relating to the county
employee merit system.
Senate Concurrent Memorial 1001: A Concurrent Memorial urging the United States
Congress to oppose federal legislation that interferes with a state's ability to direct the
transport or processing of horses.
Senate Concurrent Resolution 1027: A Concurrent Resolution proclaiming March 29 as
Vietnam veterans' memorial day in Arizona.
Senate Concurrent Resolution 1028: A Concurrent Resolution proclaiming the week of
November 1, 2009 as health care decisions week in Arizona.
Senate Concurrent Resolution 1029: A Concurrent Resolution supporting the development
and use of policies and procedures regarding perinatal mood disorders.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:10 p.m. until
Monday, February 2, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
40 JOURNAL OF THE SENATE
Monday, February 2, 2009
Twenty-second Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Reverend Dr. Walt Weider offered prayer.
Pledge of Allegiance to the Flag was led by Senator Hale.
The following Senators answered on roll call:
PRESENT: Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront, Garcia, Gorman, Gray C,
Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez, McCune Davis, Melvin,
Nelson, Pearce R, Pierce S, Rios, Verschoor, President Burns--23
EXCUSED: Aboud, Aguirre, Gould, Miranda, Paton, Tibshraeny, Waring--7
Senator Waring was seated at 1:15 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January 29, 2009
was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
EXECUTIVE NOMINATIONS
The President announced that without objection, Communications from the Governor as listed
on the calendar would not be read in full and would be entered in the Journal. The
nomination would be read by board and name only.
December 15, 2008
The Honorable Robert Burns
President of the Senate
Senate Wing, Room 204
1700 W. Washington
Phoenix, Arizona 85007
Dear President Burns:
Pursuant to A.R.S. §38-211, I have nominated the following individual to serve as a
member of the Game and Fish Commission.
Norman William Freeman
1172 East Road 3 South
Chino Valley, Arizona 86323
Position: Independent – Yavapai County
Date of Appointment: February 12, 2008
Term Beginning: January 21, 2008
Term Ending: January 21, 2013
Replacing: Michael Maurice Golightly
I respectfully request confirmation of this nomination.
The nomination was referred to the Committee on Natural Resources, Infrastructure and
Public Debt.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1314: An Act amending section 49-1008, ARS; relating to underground storage
tanks.
Senate Bill 1315: An Act amending section 28-2354, ARS; relating to license plates.
JOURNAL OF THE SENATE
Monday, February 2, 2009
41
Senate Bill 1316: An Act making appropriations to the nuclear emergency management fund
and making nuclear emergency management fund assessments.
Senate Bill 1317: An Act amending section 41-1005, ARS; relating to the Arizona department
of housing.
Senate Bill 1318: An Act amending sections 37-171 and 37-173, ARS; amending title 37,
chapter 1.2, article 1, ARS, by adding sections 37-177 and 37-178; relating to geospatial data
and geographic information.
Senate Bill 1319: An Act amending sections 13-2314.01 and 13-2314.03, ARS; relating to
organized crime.
Senate Bill 1320: An Act amending sections 28-372, 28-924, 28-925, 28-3312, 28-3392,
28-4541, 28-5001, 28-5241 and 28-5736, ARS; relating to the department of transportation.
Senate Bill 1321: An Act amending section 43-1123, ARS; relating to corporate income tax.
Senate Bill 1322: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1323: An Act amending section 26-309, ARS; relating to emergency management.
Senate Bill 1324: An Act amending section 43-1111, ARS; relating to corporate income tax.
Senate Bill 1325: An Act amending title 20, chapter 4, article 3, ARS, by adding section
20-846; amending title 20, chapter 4, article 9, ARS, by adding section 20-1079; amending
title 20, chapter 6, article 4, ARS, by adding section 20-1383; relating to individual health
insurance coverage.
Senate Bill 1326: An Act amending title 8, chapter 5, article 1, ARS, by adding section 8-528;
amending section 13-3623.01, ARS; relating to child welfare and placement.
Senate Bill 1327: An Act amending section 36-798, ARS; amending title 36, chapter 6, article
14, ARS, by adding section 36-798.06; relating to tobacco sales.
Senate Bill 1328: An Act amending sections 32-2219, 32-2250 and 32-2273, ARS; relating to
veterinarians.
Senate Bill 1329: An Act amending section 41-1750, ARS; relating to the department of public
safety.
Senate Bill 1330: An Act amending section 48-5503, ARS; relating to special health care
districts.
Senate Bill 1331: An Act amending section 42-5029, ARS; amending title 42, chapter 5, article
1, ARS, by adding section 42-5032.02; amending section 42-5075, ARS; providing for the
delayed repeal of section 42-5032.02, ARS; relating to the prime contracting transaction
privilege tax classification.
Senate Bill 1332: An Act amending title 12, chapter 1, article 1, ARS, by adding section
12-119.05; relating to the Supreme Court.
Senate Bill 1333: An Act amending title 12, chapter 1, ARS, by adding article 5; relating to
administrative orders.
Senate Bill 1334: An Act amending section 23-901, ARS; relating to workers' compensation.
Senate Bill 1335: An Act amending sections 23-212, 23-212.01, 23-214 and 41-1080, ARS;
amending title 41, chapter 6, article 7.2, ARS, by adding section 41-1080.01; amending
section 41-4401, ARS; relating to unauthorized aliens.
Senate Bill 1336: An Act amending sections 36-725, 36-728, 36-729 and 36-731, ARS;
relating to tuberculosis control.
Senate Bill 1337: An Act amending sections 28-3151 and 28-3480, ARS; relating to driver
license violations.
JOURNAL OF THE SENATE
Monday, February 2, 2009
42
Senate Bill 1338: An Act amending title 38, chapter 8, article 1, ARS, by adding section
38-1103; relating to law enforcement officers.
Senate Bill 1339: An Act amending sections 43-1021 and 43-1121, ARS; relating to individual
and corporate income tax additions.
Senate Bill 1340: An Act amending sections 11-584, 12-820.02, 13-502, 13-3994 and 31-502,
ARS; relating to insanity.
Senate Bill 1341: An Act amending section 33-422, ARS; relating to disclosure affidavits.
Senate Bill 1342: An Act repealing section 41-3009.05, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3011.14; relating to the department of environmental
quality.
Senate Bill 1343: An Act amending sections 16-445, 16-449, 16-602, 16-663 and 16-664,
ARS; relating to conduct of elections.
Senate Bill 1344: An Act amending section 16-579, ARS, as amended by 2004 proposition
200, section 5; repealing section 16-579, ARS, as amended by Laws 2003, chapter 260, section
18; relating to polling place procedures.
Senate Bill 1345: An Act amending sections 38-711, 38-730, 38-740, 38-742, 38-743 and
38-744, ARS; amending section 38-745, ARS, as amended by Laws 2007, chapter 244, section
1; repealing section 38-745, ARS, as amended by Laws 2007, chapter 244, section 2;
amending sections 38-749, 38-757, 38-762, 38-766, 38-766.01 and 38-797, ARS; repealing
section 38-797.06, ARS; amending title 38, chapter 5, article 2.1, ARS, by adding a new
section 38-797.06; amending section 38-797.07, ARS; repealing Laws 2007, chapter 244,
section 4; making an appropriation; relating to the Arizona state retirement system.
Senate Bill 1346: An Act amending section 28-909, ARS; relating to seat belts.
Senate Bill 1347: An Act amending sections 28-654 and 41-1722, ARS; relating to photo
enforcement.
Senate Bill 1348: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section
41-1234; relating to lobbyists.
Senate Bill 1349: An Act amending sections 38-783, 38-817, 38-857 and 38-906, ARS;
relating to public retirement systems.
Senate Bill 1350: An Act amending section 38-749, ARS; relating to the Arizona state
retirement system.
Senate Bill 1351: An Act amending sections 38-743 and 38-744, ARS; amending section
38-745, ARS, as amended by Laws 2007, chapter 244, section 1; repealing section 38-745,
ARS, as amended by Laws 2007, chapter 244, section 2; repealing Laws 2007, chapter 244,
section 4; relating to the Arizona state retirement system.
Senate Bill 1352: An Act amending sections 38-711, 38-766 and 38-766.01, ARS; relating to
the Arizona state retirement system.
Senate Bill 1353: An Act amending sections 38-711, 38-740, 38-742 and 38-757, ARS;
making an appropriation; relating to the Arizona state retirement system.
Senate Bill 1354: An Act amending section 38-762, ARS; relating to the Arizona state
retirement system.
Senate Bill 1355: An Act amending title 28, chapter 3, article 6, ARS; by adding section
28-711; amending section 28-1593, ARS; repealing section 41-1722, ARS; relating to photo
enforcement.
Senate Bill 1356: An Act amending sections 28-101, 28-892, 28-943, 28-958.01, 28-959,
28-966, 28-2052, 28-2058, 28-2153 and 28-4132, ARS; amending title 28, chapter 7, article
15, ARS, by adding section 28-2517; relating to motor vehicles.
JOURNAL OF THE SENATE
Monday, February 2, 2009
43
Senate Bill 1357: An Act amending section 43-1042, ARS; relating to individual income tax
deductions.
Senate Bill 1358: An Act amending section 45-2201, ARS; relating to county water
authorities.
Senate Bill 1359: An Act amending title 9, chapter 4, article 8, ARS, by adding section
9-499.08; relating to cities and towns.
Senate Bill 1360: An Act amending sections 48-812 and 48-813, ARS; relating to fire districts.
Senate Bill 1361: An Act amending section 43-1042, ARS; relating to individual income tax
deductions.
Senate Bill 1362: An Act amending section 49-746, ARS; relating to solid waste.
Senate Bill 1363: An Act amending title 33, chapter 16, article 1, ARS, by adding section
33-1817; relating to planned communities.
Senate Bill 1364: An Act amending title 28, chapter 3, article 6, ARS, by adding section
28-711; amending section 41-1722, ARS; relating to photo enforcement systems.
Senate Bill 1365: An Act amending section 38-651, ARS; relating to state employee health and
accident insurance.
Senate Bill 1366: An Act repealing Laws 2008, chapter 285, section 23; relating to the military
installation fund.
Senate Bill 1367: An Act amending title 13, chapter 7, ARS, by adding section 13-09.05;
relating to sentencing.
Senate Bill 1368: An Act amending sections 41-1463 and 41-1464, ARS; relating to
discrimination in employment.
Senate Bill 1369: An Act amending title 32, chapter 20, article 6, ARS, by adding section
32-2194.34; relating to cemeteries.
Senate Bill 1370: An Act amending section 15-1745, ARS; relating to the compact for western
regional cooperation in higher education.
Senate Concurrent Memorial 1002: A Concurrent Memorial urging the United States forest
service and the Governor of Arizona to support accelerated landscape-scale, consensus-based,
industry-supported community protection, forest restoration and fire management across
Arizona.
Senate Concurrent Memorial 1003: A Concurrent Memorial urging the United States
Congress to enact legislation allowing states to opt out of the federal highway transportation
system.
Senate Concurrent Resolution 1030: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 13, Constitution of Arizona; relating to
bond elections.
Senate Concurrent Resolution 1031: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 36;
relating to discrimination.
Senate Concurrent Resolution 1032: A Concurrent Resolution proclaiming March 29 as
Vietnam veterans' memorial day in Arizona.
Senate Concurrent Resolution 1033: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to photo enforcement systems.
Senate Concurrent Resolution 1034: A Concurrent Resolution rescinding all of this state's
previous calls for a Constitutional convention to amend the Constitution of the United States.
JOURNAL OF THE SENATE
Monday, February 2, 2009
44
Senate Concurrent Resolution 1035: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 18, Constitution of Arizona; relating to
property taxes.
Senate Concurrent Resolution 1036: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 18, Constitution of Arizona; relating to
valuation rollback; baseline valuation system; residential ad valorem tax limits; limit on
increase in values; disclosure requirements; procedural timeline; exceptions; definitions.
Senate Concurrent Resolution 1037: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 19, Constitution of Arizona; relating to
levy rollback; limitations on changes in property tax levies; exceptions; voter approval; private
right of action; definitions.
Senate Concurrent Resolution 1038: A Concurrent Resolution claiming sovereignty under the
tenth amendment to the Constitution of the United States over certain powers, serving notice
to the federal government to cease and desist certain mandates and providing that certain
federal legislation be prohibited or repealed.
Senate Concurrent Resolution 1039: A Concurrent Resolution enacting and ordering the
submission to the people of a measu

Click tabs to swap between content that is broken into logical sections.

Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution.

Arizona State Library, Archives and Public Records--State Library of Arizona.

Full Text

STATE OF ARIZONA
***********
JOURNAL
of the
SENATE
2009
Published by:
Arizona State Senate
Mp Bookbinding
TABLE OF CONTENTS
Page
FIRST REGULAR SESSION
Daily Journal ............................................................................................................................ 1
SUPPLEMENT
Governor's Action after Adjournment Sine Die.................................................................. 333
Reports of Standing Committees ........................................................................................ 356
Messages from the House .................................................................................................... 356
Joint Protocol Session .......................................................................................................... 357
EXECUTIVE APPOINTMENTS AND CONFIRMATIONS.................................................. 361
ALPHABETICAL INDEX........................................................................................................ 369
INDEX OF SENATORS.......................................................................................................... 502
HISTORY OF SENATE AND HOUSE BILLS
Senate Bill History ............................................................................................................... 541
House Bill History................................................................................................................ 639
MISCELLANEOUS
House Bills Not Received by the Senate............................................................................. 689
Bills Not Reported by Committees ..................................................................................... 704
Bills Enacted into Law (Chapter Numbers) ........................................................................ 712
Bills Vetoed .......................................................................................................................... 718
Bills Line-item Veoted.......................................................................................................... 718
Bills Became Law Without the Governor’s Signature ........................................................ 718
Strike Everything Amendments........................................................................................... 719
Recapitulation (Summary of Bills) ...................................................................................... 733
Senate Rules ......................................................................................................................... 739
TABLE OF CONTENTS
COMMITTEES
Index of Committees............................................................................................................ 757
Statutory/Study Committees ............................................................................................... 759
Ad Hoc Committees............................................................................................................. 775
Committees of Reference..................................................................................................... 778
Senate Standing Committees .............................................................................................. 780
House Standing Committees ............................................................................................... 782
SENATE EMPLOYEES
Senate Employee Listing...................................................................................................... 784
FIRST – FIFTH SPECIAL SESSIONS
ARIZONA ELECTED STATE OFFICIALS
Governor……………………….(resigned effective January 20, 2009) .......JANET NAPOLITANO
(sworn in January 21, 2009).........................JANICE K. BREWER
Secretary of State…………….(resigned effective January 21, 2009) ...........JANICE K. BREWER
(sworn in January 26, 2009).................................KEN BENNETT
Attorney General..............................................................................................TERRY GODDARD
Treasurer ................................................................................................................DEAN MARTIN
Superintendent of Public Instruction.......................................................................TOM HORNE
Mine Inspector................................................................................................................ JOE HART
Corporation Commission
Chairman.........................................................................................................KRISTIN K. MAYES
Commissioner .......................................................................................... SANDRA D. KENNEDY
Commissioner ......................................................................................................PAUL NEWMAN
Commissioner .......................................................................................................... GARY PIERCE
Commissioner .............................................................................................................BOB STUMP
Supreme Court
Chief Justice……………………(retired effective June 30, 2009)...............RUTH V. McGREGOR
(effective July 1, 2009)..................... REBECCA WHITE BERCH
Vice Chief Justice……………..(resigned effective June 30, 2009) .... REBECCA WHITE BERCH
(effective July 1, 2009) ......................... ANDREW D. HURWITZ
Justice ................................................................................................................W. SCOTT BALES
Justice…………………………..(sworn in September 8, 2009)......................... JOHN PELANDER
Justice ..............................................................................................................MICHAEL D. RYAN
ARIZONA ELECTED U. S. OFFICIALS
Senator ...............................................................................................................................JON KYL
Senator ....................................................................................................................JOHN McCAIN
Representative (District 1) ........................................................................... ANN KIRKPATRICK
Representative (District 2) ..................................................................................TRENT FRANKS
Representative (District 3) .................................................................................JOHN SHADEGG
Representative (District 4) ..........................................................................................ED PASTOR
Representative (District 5) .............................................................................HARRY MITCHELL
Representative (District 6) ...........................................................................................JEFF FLAKE
Representative (District 7) ..................................................................................RAUL GRIJALVA
Representative (District 8) ...................................................................... GABRIELLE GIFFORDS
SENATE LEADERSHIP
President............................................................................................................Robert “Bob” Burns
Majority Leader..............................................................................................................Chuck Gray
Majority Whip………………………(resigned effective August 4, 2009) .............. Pamela Gorman
(replaced Senator Gorman August 12, 2009)......Steve Pierce
Democratic Leader.................................................................................................Jorge Luis Garcia
Assistant Democratic Leader ....................................................................................... Rebecca Rios
Democratic Whip ......................................................................................................... Linda Lopez
President Pro Tempore ........................................................................................ Thayer Verschoor
(appointed July 8, 2009).....................................Steve Pierce
(appointed August 27, 2009) ............................ Barbara Leff
Parliamentarian………………………………………………………………………………...Jim Waring
HOUSE LEADERSHIP
Speaker.......................................................................................................................... Kirk Adams
Majority Leader.......................................................................................................John McComish
Majority Whip ...............................................................................................................Andy Tobin
Minority Leader ............................................................................................................ David Lujan
Assistant Minority Leader .......................................................................................Kyrsten Sinema
Minority Whip......................................................................................................... Chad Campbell
Speaker Pro Tempore .............................................................................................Steve Yarbrough
Parliamentarian………………………………………………………………………..Norman L. Moore
MEMBERS OF THE SENATE
FORTY-NINTH LEGISLATURE - 2009
FIRST REGULAR SESSION
STATE OF ARIZONA
OFFICERS
Robert Burns ...................................................................................................................... President
Charmion Billington .......................................................................................................... Secretary
Susan Aceves .......................................................................................................Assistant Secretary
Joe Kubacki ............................................................................................................Sergeant at Arms
DISTRICT SENATOR PARTY HOME CITY
1 PIERCE, Steve R Prescott
2 HALE, Albert D Window Rock
3 GOULD, Ron R Lake Havasu City
4 HARPER, Jack R Surprise
5 ALLEN, Sylvia R Snowflake
6 GORMAN, Pamela R Anthem
7 WARING, Jim R Phoenix
8 ALLEN, Carolyn S. R Scottsdale
9 BURNS, Robert “Bob” R Peoria
10 GRAY, Linda R Glendale
11 LEFF, Barbara R Paradise Valley
12 NELSON, John B. R Litchfield Park
13 MIRANDA, Richard D Tolleson
14 McCUNE DAVIS, Debbie D Phoenix
15 CHEUVRONT, Ken D Phoenix
16 LANDRUM TAYLOR, Leah D Phoenix
17 BURTON CAHILL, Meg D Tempe
18 PEARCE, Russell K. R Mesa
19 GRAY, Chuck R Mesa
20 HUPPENTHAL, John R Chandler
21 TIBSHRAENY, Jay R Chandler
22 VERSCHOOR, Thayer R Gilbert
23 RIOS, Rebecca D Apache Junction
24 AGUIRRE, Amanda D Yuma
25 ALVAREZ, Manuel V. “Manny” D Elfrida
26 MELVIN, Al R Tucson
27 GARCIA, Jorge Luis D Tucson
28 ABOUD, Paula D Tucson
29 LOPEZ, Linda D Tucson
30 PATON, Jonathan R Tucson
MEMBERS OF THE HOUSE OF REPRESENTATIVES
FORTY-NINTH LEGISLATURE - 2009
FIRST REGULAR SESSION
STATE OF ARIZONA
OFFICERS
Kirk Adams ...........................................................................................................................Speaker
Norman L. Moore...........................................................................................................Chief Clerk
Cheryl A. Laube .............................................................................................. Assistant Chief Clerk
Ron Gill ..................................................................................................................Sergeant at Arms
DISTRICT REPRESENTATIVE PARTY HOME CITY
1 MASON, Lucy R Prescott
TOBIN, Andy R Paulden
2 CHABIN, Thomas E. D Flagstaff
DESCHENE, Christopher D Window Rock
3 GOODALE, Doris R Kingman
McLAIN, Nancy G. R Bullhead City
4 BOONE, Tom R Peoria
BURGES, Judy M.
R Skull Valley
5 BROWN, Jack A. D St. Johns
KONOPNICKI, Bill R Safford
6 CRUMP, Sam R Anthm
SEEL, Carl R Phoenix
7 BARNES, Ray R Phoenix
BARTO, Nancy K. R Phoenix
8 KAVANAGH, John R Fountain Hills
REAGAN, Michele R Scottsdale
9 LESKO, Debbie R Glendale
MURPHY, Rick R Glendale
10 QUELLAND, Doug R Phoenix
WEIERS, James P. R Phoenix
11 DRIGGS, Adam R Phoenix
MEYER, Eric D Paradise Valley
12 MONTENEGRO, Steve B. R Litchfield Park
WEIERS, Jerry R Glendale
13 TOVAR, Anna* D Tolleson
GARCIA, Martha D Phoenix
*Sworn in February 3, 2009 to replace Steve Gallardo who did not take the oath of office.
DISTRICT REPRESENTATIVE PARTY HOME CITY
14 CAMPBELL, Chad D Phoenix
MEZA, Robert D Phoenix
15 LUJAN, David M. D Phoenix
SINEMA, Kyrsten D Phoenix
16
CAMPBELL, Cloves C., Jr.
D
Phoenix
MIRANDA, Ben R. D Phoenix
17 ABLESER, Ed D Tempe
SCHAPIRA, David D Tempe
18 ASH, Cecil P. R Mesa
COURT, Steve R Mesa
19 ADAMS, Kirk R Mesa
CRANDALL, Rich R Mesa
20 McCOMISH, John R Phoenix
WATERS, Rae D Phoenix
21 NICHOLS, Warde V. R Gilbert
YARBROUGH, Steven R Chandler
22 BIGGS, Andy R Gilbert
HENDRIX, Laurin R Gilbert
23 PRATT, Frank R Casa Grande
McGUIRE, Barbara D Kearny
24 PANCRAZI, Lynne D Yuma
JONES, Russell L. R Yuma
25 FLEMING, Patricia V. D Sierra Vista
STEVENS, David W. R Sierra Vista
26 WILLIAMS, Vic R Tucson
YOUNG WRIGHT, Nancy D Oro Valley
27 CAJERO BEDFORD, Olivia D Tucson
LOPES, Phil D Tucson
28 BRADLEY, David T. D Tucson
FARLEY, Steve D Tucson
29 HEINZ, Matt D Tucson
PATTERSON, Daniel D Tucson
30 GOWAN, David R Sierra Vista
ANTENORI, Frank R Tucson
JOURNAL
of the
SENATE
FORTY-NINTH
LEGISLATURE
of the
STATE OF ARIZONA
FIRST REGULAR SESSION
- 2009 -
SESSION CONVENED
MONDAY, JANUARY 12, 2009, 12:00 NOON
SESSION ADJOURNED SINE DIE
WEDNESDAY, JULY 1, 2009, 7:31 A.M.
JOURNAL OF THE SENATE
FORTY-NINTH LEGISLATURE
FIRST REGULAR SESSION
Monday, January 12, 2009
First Day
The second Monday in January being the date prescribed by the Constitution of Arizona for
the annual meeting of the Legislature, the First Regular Session of the Forty-ninth Legislature
convened this day.
The Senate assembled in its chamber at 12:00 noon.
The Chairman Pro Tempore, Senator-elect Carolyn Allen, District 8, called the Senate to order.
Privileges of the floor were extended to former Senators who were present in the Gallery.
The Honorable Trent Franks, Arizona Second Congressional District, offered prayer.
Presentation of the Colors was by the Luke Air Force Base Honor Guard.
Pledge of Allegiance to the Flag was led by Kyle Burns, grandson of President-elect Burns.
Singing of the National Anthem was by Alisha Pasco, SSGT, USAF Luke Air Force Base.
The Chairman Pro Tempore appointed Senator-elect Nelson as Sergeant at Arms Pro
Tempore.
ROLL CALL BY DISTRICT
The Reader called the roll of the Senators-elect by Districts as follows:
District 1 Steve Pierce
District 2 Albert Hale
District 3 Ron Gould
District 4 Jack Harper
District 5 Sylvia Tenney Allen
District 6 Pamela Gorman
District 7 Jim Waring
District 8 Carolyn S. Allen
District 9 Robert “Bob” Burns
District 10 Linda Gray
District 11 Barbara Leff
District 12 John Nelson
District 13 Richard Miranda
District 14 Debbie McCune Davis
District 15 Ken Cheuvront
District 16 Leah Landrum
District 17 Meg Burton Cahill
District 18 Russell Pearce
District 19 Chuck Gray
District 20 John Huppenthal
District 21 Jay Tibshraeny
District 22 Thayer Verschoor
District 23 Rebecca Rios
District 24 Amanda Aguirre
District 25 Manuel V. “Manny” Alvarez
District 26 Al Melvin
District 27 Jorge Luis Garcia
District 28 Paula Aboud
District 29 Linda Lopez
District 30 Jonathan Paton
The roll call of Senators-elect by districts showed all present whose names were called with the
exception of District 13, Richard Miranda.
JOURNAL OF THE SENATE
Monday, January 12, 2009
2
COMMITTEE ON CREDENTIALS
Chairman Pro Tempore Carolyn Allen appointed Senators-elect Chuck Gray, Garcia, Gorman
and Rios to act as a Committee on Credentials.
RECESS
At 12:09 p.m. the Senate stood at recess subject to the sound of the gavel to permit a meeting
of the Committee on Credentials.
RECONVENE
Chairman Pro Tempore Carolyn Allen called the Senate to order at 12:18 p.m.
REPORT OF THE COMMITTEE ON CREDENTIALS
The Committee on Credentials submitted the following report which was read in full:
Your Committee on Credentials herewith presents certification issued by Janice K. Brewer,
Secretary of State, showing that the following named persons were duly elected to the Senate
on the 4th day of November, 2008.
Steve Pierce (District 1)
Albert Hale (District 2)
Ron Gould (District 3)
Jack Harper (District 4)
Sylvia Tenney Allen (District 5)
Pamela Gorman (District 6)
Jim Waring (District 7)
Carolyn S. Allen (District 8)
Robert “Bob” Burns (District 9)
Linda Gray (District 10)
Barbara Leff (District 11)
John Nelson (District 12)
Richard Miranda (District 13)
Debbie McCune Davis (District 14)
Ken Cheuvront (District 15)
Leah Landrum (District 16)
Meg Burton Cahill (District 17)
Russell Pearce (District 18)
Chuck Gray (District 19)
John Huppenthal (District 20)
Jay Tibshraeny (District 21)
Thayer Verschoor (District 22)
Rebecca Rios (District 23)
Amanda Aguirre (District 24)
Manuel V. “Manny” Alvarez (District 25)
Al Melvin (District 26)
Jorge Luis Garcia (District 27)
Paula Aboud (District 28)
Linda Lopez (District 29)
Jonathan Paton (District 30)
Your Committee reports that all of the above-named persons are entitled to be seated as
members of the Senate, Forty-ninth Legislature, State of Arizona.
/s/ Chuck Gray
Chairman
/s/ Jorge Luis Garcia
/s/ Pamela Gorman
/s/ Rebecca Rios
Senator-elect Chuck Gray, Chairman of the Committee on Credentials, moved the adoption of
the report, and the motion carried.
JOURNAL OF THE SENATE
Monday, January 12, 2009
3
APPOINTMENT OF COMMITTEE TO INVITE
CHIEF JUSTICE OF THE SUPREME COURT TO
ADMINISTER OATH OF OFFICE
Chairman Pro Tempore Carolyn Allen appointed Senators-elect Paton, Lopez and Verschoor
as members of a committee to invite the Chief Justice of the Supreme Court, the Honorable
Ruth V. McGregor, to administer the oath of office to the Senators-elect, and to escort the
Chief Justice to the Senate Chamber.
OATH OF OFFICE
Chief Justice Ruth McGregor entered the Senate Chamber escorted by Senators-elect Paton,
Lopez and Verschoor and administered the oath of office to the Senators-elect as follows:
I do solemnly swear that I will support the Constitution of the United States of
America and the Constitution and laws of the State of Arizona; that I will bear true
faith and allegiance to the same, and defend them against all enemies, foreign and
domestic, and that I will faithfully and impartially discharge the duties of the office of
Senator of the State of Arizona, according to the best of my ability, so help me
God.
Chairman Pro Tempore Carolyn Allen extended an expression of thanks to Chief Justice Ruth
McGregor and she was escorted to her chair.
ROLL CALL
Roll call showed all Senators to be present as follows:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor,
Leff, Lopez, McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--30
ELECTION OF SECRETARY OF THE SENATE
Senator Chuck Gray nominated Charmion Billington of Phoenix, for Secretary of the Senate
for the Forty-ninth Legislature.
Senator Chuck Gray moved that the nominations be closed and that the Acting Secretary be
instructed to record a unanimous ballot for Charmion Billington as Secretary of the Senate
for the Forty-ninth Legislature. The motion carried.
ELECTION OF THE PRESIDENT
Senator Chuck Gray nominated Robert “Bob” Burns, for the office of the President of the
Senate for the Forty-ninth Legislature.
Senator Chuck Gray moved that the nominations be closed and that the Secretary be
instructed to record a unanimous ballot for Robert “Bob” Burns, District 9, as President of
the Senate for the Forty-ninth Legislature. The motion carried.
Chairman Pro Tempore Carolyn Allen appointed Senators Gorman, Garcia and Russell Pearce
to escort President Burns to his chair on the President’s rostrum.
President Burns, upon being seated as President, made some brief remarks to the Senate
membership.
RECESS
At 12:59 p.m. the Senate stood at recess subject to the sound of the gavel for a performance by
the critically acclaimed Phoenix Boys Choir conducted by George Stangelberger and to receive
remarks from Al McCoy, Senior Vice-President of broadcasting for the Phoenix Suns.
RECONVENE
The President called the Senate to order at 1:20 p.m.
JOURNAL OF THE SENATE
Monday, January 12, 2009
4
BUSINESS ON THE PRESIDENT’S DESK
RULES
Senator Chuck Gray moved that the Rules of the Senate of the Forty-eighth Legislature be
temporarily adopted as the Rules of the Forty-ninth Legislature. The motion carried.
President Burns announced that the Senate of the First Regular Session of the Forty-ninth
Legislature was now properly organized.
READING OF BILLS BY NUMBER, SHORT TITLE AND TITLE ONLY
Senator Chuck Gray moved that unless otherwise ordered, an emergency be declared, rules be
suspended and that during the First Regular Session of the Forty-ninth Legislature all bills,
resolutions and memorials under the Order of Business First Reading and Second Reading of
Bills be read by number and short title only, and that all bills, resolutions and memorials under
the Order of Business Third Reading and Final Reading of Bills be read by number and title
only.
President Burns announced that the motion required a two-thirds vote for its passage. The
motion carried.
COMMITTEE TO NOTIFY HOUSE AND GOVERNOR ON ORGANIZATION
Senator Chuck Gray moved that a committee be appointed to notify the House that the Senate
was organized and ready for the transaction of business and to act with a like committee from
the House to notify the Governor that the First Regular Session of the Forty-ninth Legislature
was organized and ready to receive any communication she may wish to deliver. The motion
carried and the President appointed Senators Huppenthal, Landrum Taylor and Steve Pierce as
members of that committee.
COMMITTEE FROM THE HOUSE
The Sergeant at Arms Pro Tempore Nelson, announced the arrival of the committee from the
House of Representatives consisting of Members McComish, Chad Campbell, Lujan, Reagan
and Tobin. The committee informed the Senate that the House of Representatives was
organized and ready for the transaction of business.
RECESS
At 1:26 p.m. the Senate stood at recess subject to the sound of the gavel following the Joint
Session.
JOINT SESSION
The Senate and House of Representatives assembled in Joint Session at 1:42 p.m. in the House
Chamber.
The President of the Senate, Robert “Bob” Burns, called the Joint Session of the Legislature to
order.
The Joint Organization Committee escorted the Governor of Arizona, the Honorable Janet
Napolitano into the House Chamber. The Governor was introduced by the President of the
Senate.
JOURNAL OF THE SENATE
Monday, January 12, 2009
5
STATE OF THE STATE ADDRESS
49TH ARIZONA LEGISLATURE
FIRST REGULAR SESSION
GOVERNOR JANET NAPOLITANO
JANUARY 12, 2009
Speaker Adams, President Burns, Honorable Senators and Representatives, Chief
Justice McGregor and justices of the Supreme Court, Secretary of State Brewer and
other constitutional officers, tribal leaders, honored guests and my fellow Arizonans:
It is my honor to stand before you today as Governor, and to deliver my report on the
state of the state. This is a day of mixed emotions. On the one hand, I am very sad
that this is very likely the final time I will address Arizonans in this manner. On the
other hand, I am confident about the future of this state and proud of the work we
have done together.
I have been called by our President-elect to serve in a new way, during extraordinary
times. I am not alone in this call to serve. Indeed, this difficult time calls upon all of us
to offer ourselves to the greater good, to build a stronger state and a stronger country.
The call to serve comes in many forms. For some, it means service in our armed forces;
others will feel called to work on change here at the state capitol; yet others will offer
service as volunteers in our communities.
For this Legislature, your call to serve will demand that you make decisions that are
difficult in the short run but that need to be wise in the long run. Your task is to make
Arizona safer, stronger and more prosperous than ever before. In the past six years, we
have traveled a long way together, and we have come a long way toward this vision of
safety, strength and prosperity.
As Arizona is swept by national afflictions like faltering markets and growing deficits,
it can be hard to remember the basic fact that should drive our state: Arizona is young
and dynamic, and it is primed for success.
The task is to meet these great challenges with short-term decisions that do not dim
the bright future of this remarkable state.
When I took office, our state faced a budget deficit that many thought would sink our
priorities for Arizona. Since then – in surplus and in deficit – I have always presented
you with a balanced budget plan that moved Arizona forward.
That’s an important lesson as we look at our situation today: We don’t have to go
back. We do have to go forward.
As revenues increased, we set aside money in a rainy day fund, cut taxes and provided
tax incentives for important areas like research and development. We implemented 26
of the 36 recommendations of the Citizens Finance Review Commission. We reviewed
all state expenditures and undertook actions such as restructuring procurement and
curtailing our use of energy. All told, our efforts have saved more than $1 billion.
We have passed a balanced budget every year, but we still need to make significant
adjustments in this year’s budget because of the continuing recession. I have already
given you a balanced budget plan for 2009; and as I have in every year I have served, I
will present to the Legislature a detailed plan on how to balance next year’s budget,
still protecting important investments and accomplishing that without raising taxes.
But even as I deliver that budget plan this week, I hearken back to a statement from
my First Inaugural Address: “Generations to come will not remember us for how we
balanced the budget, or how we expanded or contracted the size of government.
Instead, they will remember how we educated our children, how we protected our
seniors, how we built a new economy, and how we made this wonderful state an even
better place to live.”
JOURNAL OF THE SENATE
Monday, January 12, 2009
6
Together, we have provided better educational opportunities for our children. We have
protected our seniors and built toward a new economy. We have moved Arizona
forward, and the budget I present to you will be balanced and will protect what we
have achieved.
As you know, there is nothing more important to me as Governor than the education
of Arizona’s children. We have added – and protected – a new grade level, voluntary
full-day kindergarten, that gives thousands of Arizona students a head start in
education that will benefit them for the rest of their lives. By vote of the people, we
have set aside critical funding for early childhood education. We have enacted historic
teacher pay raises and started a new center to train teachers in the critical fields of
science, technology, engineering and math. We’ve quadrupled the funds going to our
schools from our state trust lands. We’ve increased standards in high school for math
and science, and we have cut the high school dropout rate nearly in half.
Yet, as always, there is more to do. We must build on what we have begun. Expanded
resources must translate into ever-increasing levels of student achievement. The
proportion of our education funds spent in the classroom must increase. The
professional status – and the pay – of our classroom teachers must continue to
improve, while we demand more of our administrators and elected school boards.
In difficult times, our state is called to show its commitment to the children of
Arizona. Our public school system educates 82 percent of Arizona’s students. Their
future has to be Arizona’s number-one priority. School choice is important; we can
expand and preserve that choice through the growing institution of quality public
charter schools.
Today’s short-term budget decisions must not harm the long-term future of Arizona’s
children. If this Legislature cuts classroom spending, the people of Arizona will
recognize such a cut for what it is – not a budget necessity, but a willful and unwise
choice.
We must look at higher education in the same way. In the past six years, we have
institutionalized the P-20 model in Arizona, which recognizes the reality that
education is not neatly segmented, but is instead a continuum of learning that begins
at birth and lasts well into a chosen career path.
With this fact in mind, we have built up our universities with a new medical campus
and labs that are attracting new research and hundreds of millions of dollars in new
grants. We have tripled the state’s commitment to student financial aid and launched
a new program to put more middle school students on the path to college.
Last year, the Legislature also passed a plan to build and improve the physical
infrastructure of our universities – a forward-thinking plan that accommodates future
enrollment growth while quickly creating desperately needed construction jobs. It is a
good plan, we can afford it, and we should put it into action now.
As we build up education, I am also proposing to you legislation that will widen our
embrace of Arizona’s veterans. Let us give them greater access to education by
extending in-state tuition to every single veteran in Arizona. This will continue the
important work of both of supporting our veterans and increasing the number of
college graduates in our state.
Our universities and community colleges are economic engines. They give our students
the skills they need to work in the good jobs of the future. We need to show the world
that even during these hard times, Arizona is open for business. We will demonstrate
this by continuing to build a highly educated workforce and by increasing our research
capacity – through our universities as well as institutions like TGen and Science
Foundation Arizona.
In the past years, I have given the universities a significant charge: to double the
number of bachelor’s degrees earned in Arizona by 2020. This is where we need to be
to thrive in the high-tech economy. Universities have already experienced budget cuts,
and we need to avoid deeper cuts that impair their educational and economic missions.
JOURNAL OF THE SENATE
Monday, January 12, 2009
7
Our investment in higher education is an investment driven by this simple fact: the
better future for Arizona that we are called upon to build cannot happen unless we
train more doctors, engineers, teachers, scientists, entrepreneurs and those educated in
the humanities and the arts. Protecting education is what I mean when I say we cannot
sacrifice the long term for the sake of short term expediency.
As we commit to this critical knowledge infrastructure, we must also invest in our
physical infrastructure. This is timely because it is likely that an infrastructure stimulus
plan is on its way from the federal government. And it is important because we know
this kind of investment creates jobs and creates wealth.
Last year, I asked you to hold hearings and prepare a statewide transportation plan for
referral to the ballot. Sadly, the Legislature failed to do this, and then a citizen’s
initiative was kept from the ballot.
That citizen’s initiative proposal made sense – and it still makes sense, both for our
present because we will need jobs, and for the future, because we will need roads,
highways, rail and transit to support our growth. I ask you to build from this citizen’s
proposal, hold additional hearings, and allow the people of Arizona to have their say
on this critical issue by 2010.
But infrastructure does not stop with transportation. With my budget, I am giving you
a plan for desperately needed school buildings. These new buildings will be energy
efficient, they will provide an economic stimulus and they will build a legacy that is
able to serve this state for decades.
Arizona must also stay on the path toward greener future. We must continue to
implement forest health measures that create new industries and protect our forested
communities. We also must work to limit our greenhouse gas emissions through the
Western Climate Initiative, and move forward in building a strong renewable energy
sector, particularly with respect to solar energy. The entire nation is going in this
direction – and Arizona has much to gain by being a leader.
Of course, as we continue to prepare for our future, we must not overlook those in
need right now. In these difficult times, we are called to serve the Arizona families hit
hardest by the economic storm. The national recession has meant that we have more
people out of work or making less money than they did before. More Arizonans now
depend on food banks as a regular source of food – a 42 percent increase in demand
from one year ago. In the past year, more than 70,000 Arizonans have enrolled in state
health care through AHCCCS and KidsCare; more than 150,000 Arizona families have
received foreclosure notices. It would be wrong to hurt our seniors, our youngest
children and those who are ill or disabled in the name of balancing the budget.
Many of those who need help now are people who have always worked hard and
played by the rules, who have never had to ask for help before. All of these Arizonans
deserve the chance to work toward a brighter future. It is our job to protect and
continue to invest in the safety net for those hardest-hit in Arizona, so they can
prosper when the storm passes.
By way of example, just this past year, we refocused our efforts to ensure that
Arizonans are using the programs that can benefit them – such as the federal Earned
Income Tax Credit. In the last year, this tax credit has placed nearly $16 million back
into the pockets of Arizona families, nearly one quarter more than the previous tax
year.
In response to rising foreclosures, we have secured millions in federal funds to stem the
worst effects of mortgage foreclosure on our neighborhoods, and we have dedicated
millions of state dollars to fighting foreclosure and homelessness.
Budget deficits mean cuts, and cuts are hard. In the past two years, we have already
cut $1.8 billion; the budget I will present to you later this week will provide for further
cuts.
Yet, as we tighten our belts, we must remember that this part of our call to serve means
still caring for those less fortunate, and protecting services like education, foreclosure
assistance, health care and shelter from abuse, neglect and domestic violence. To serve
today means an added duty to protect the children who might otherwise fall through
the cracks. These children are growing and learning today – they deserve to be able to
do so safely, without becoming sick, or hungry, or homeless.
JOURNAL OF THE SENATE
Monday, January 12, 2009
8
Another imperative is to protect our advances in health care, including expanded
access to KidsCare for families that need it, investments in health care technology to
improve the delivery of care and substantial savings on prescription drugs. Some fear
that little can be done right now about these pressing problems; but Congress is likely
to increase aid for state Medicaid programs. And when this happens, Arizona can
continue its work to improve health care by enacting quality-of-care measures, building
our electronic health records infrastructure and implementing other reforms necessary
to ensure that every Arizona family has access to a doctor when they need one.
There is no more fundamental function of government than to protect the public, and
I am proud of what we have achieved in the past six years. Crime in Arizona has gone
down in nearly every category. We have built the nation’s first state anti-terrorism
center and prepared ourselves to be ready for any disaster. We secured increased
federal resources at the border, and state task forces have arrested hundreds of human
smugglers. We have used innovative methods to attack the tools of the smuggling
trade, such as money laundering and fraudulent identification. We have made Arizona
the most innovative and active state in the nation in addressing – head-on – the
consequences of our nation’s broken borders.
We have to keep up this intense pressure on the border criminals who use violence and
fraud to smuggle people and drugs into our country. This effort includes a bill I am
presenting to you today that goes after those criminals by broadening the human
trafficking laws we use to crack down on those who smuggle people across the border.
To be called to serve in difficult times means doing as much as possible with limited
resources. We do not have as many law enforcement resources as any of us would like,
and we are called to use them wisely to promote public safety the best we possibly can.
We must continue to fight human smugglers, just as we have fought to take away their
illegal weapons, stolen cars, drop houses and money-laundering channels. Tough law
enforcement means smart law enforcement, for which we must always hold ourselves
accountable.
In carrying out the call to serve in challenging times, the public must be our highest
guide. There are several areas of government reform you should take up in order to
strengthen the voice of the people and allow them a greater say in how Arizona can
address its current obstacles and thrive into the future.
You must reform Arizona’s initiative and referendum processes. While I disagree
strongly with the state Supreme Court’s decision to keep initiatives on transportation
and state trust land reform off the ballot, our statutes must be revised to further the
ability of the people to enact legislation. While it is incumbent on this Legislature to
revisit transportation and state trust land reform, you must also consider reform of the
initiative process itself.
When crafting these reforms, I urge you to increase access to the ballot by lowering our
high signature requirements, but at the same time crack down on signature fraud by
increasing the number of signatures to be examined, banning payment by signature
and registering paid circulators. You also must remove the initiative sponsors’ now-unlimited
ability to give their initiatives misleading names. These changes will help
ensure that bureaucratic requirements do not mute the voice of the people in charting
our future.
I also ask that you consider changes to the referendum process.
The Legislature should not be able to refer a potential law to the ballot without the
same number of votes it would take to override a gubernatorial veto. Making this
simple change would help preserve the balance of power between the executive and
legislative branches.
Those of us who are public officials face a call to serve that is demanding. But each
difficulty presents an opportunity to improve the quality of life in Arizona. Arizona
would be well served if we follow the example set by our fellow citizens – Arizona’s 1.1
million volunteers.
Those volunteers dedicate more than 180 million hours a year to serving their
communities. They strengthen our neighborhoods and our state by giving their time
and efforts to serve the young and the old, those who are sick and those are struggling.
JOURNAL OF THE SENATE
Monday, January 12, 2009
9
Even state government has benefited from Arizonans’ volunteer service. The thousands
of Arizonans who volunteer their time for agencies such as our Game and Fish, Parks,
and Public Safety Departments work hundreds of thousands of hours every year and
save taxpayers millions of dollars.
Building upon this spirit of service, I am proud of a new addition to our state’s 2-1-1
online system called “Give Help,” which connects Arizonans with opportunities to
serve. Arizonans can now go to Arizona211.gov to donate resources or volunteer time
to their communities and their state.
We must also recognize the inspiring service of the men and women of the Arizona
National Guard. More than 6,000 of them have served in Iraq, Afghanistan and
elsewhere – some on as many as three tours of duty. The sacrifice of these Guard
members and their families is the highest example of service to our communities, our
state and our country.
It is by working together – and by giving a greater measure of ourselves – that we will
change the direction of our state and our nation.
For Secretary of State Brewer, answering the call to serve means taking on a major,
unexpected role. I appreciate the duties and responsibilities that she will assume if I am
confirmed as Secretary of Homeland Security and she becomes Governor. I have – and
will continue to – work with her closely on the transition of the governorship. I ask
that all of you in this chamber – Republicans and Democrats alike – join with her, in
the spirit of service, to move our state forward.
For me, the call to serve in these difficult times means that I will leave Arizona soon
and, if I am confirmed, will take on a new and demanding role, working with our new
President to protect our nation.
It is an honor to be asked to serve in this way, but it is also bittersweet. I want to
thank Arizonans for giving me their confidence and allowing me the privilege to lead
our state these past six years. I want to thank my staff and my Cabinet for all they
have achieved. I want to thank my family and friends who have stood by me.
Leaving is very difficult. But I believe the post our new President has asked me to fill is
critical to the safety of Arizonans and to all Americans. I will do my utmost there, as I
have done here.
I hope one day to return to this state that I love, but in the meantime, there is much
that I will miss. I will miss early mornings on my balcony, smelling orange blossoms as
I read the paper. I will miss spring training. I will miss the “dry heat.” Above all, I will
miss the wonderful people of this state. I grew up in the West and have lived here
nearly all my life. I am a Westerner. Arizona is my home.
And while these are arduous times, and the tasks that lie ahead will not be easy, I trust
that when I return home, I will find an Arizona that continued to build its long-term
future – an Arizona that has realized even more of what it can be.
I ask that you keep me in your thoughts and prayers, just as I will keep you in mine.
Thank you for your attention today. And thank you for your service to – and belief in
– the future of Arizona.
The Joint Organization Committee escorted the Governor from the House Chamber.
At 2:11 p.m. the Joint Session was dissolved.
ROBERT “BOB” BURNS
President of the Senate
CHARMION BILLINGTON
Secretary of the Senate
KIRK ADAMS
Speaker of the House
NORMAN MOORE
Chief Clerk of the House
JOURNAL OF THE SENATE
Monday, January 12, 2009
10
RECONVENE
The President called the Senate to order at 2:32 p.m.
BUSINESS ON THE PRESIDENT’S DESK
APPOINTMENTS
President Burns made the following appointments:
President Pro Tempore – Senator Thayer Verschoor
Parliamentarian – Senator Jim Waring
Assistant Secretary of the Senate – Susan Aceves
Sergeant at Arms – Joe Kubacki
APPOINTMENT OF STANDING COMMITTEES
President Burns announced the following Standing Committees of the Senate for the Forty-ninth
Legislature:
APPROPRIATIONS
Russell Pearce, Chairman; Al Melvin, Vice-chairman; Paula Aboud, Amanda Aguirre, Sylvia Allen,
Pamela Gorman, Ron Gould, Albert Hale, Jack Harper, Steve Pierce, Rebecca Rios
COMMERCE AND ECONOMIC DEVELOPMENT
Barbara Leff, Chairman; Jay Tibshraeny, Vice-chairman; Carolyn Allen, Ken Cheuvront,
Debbie McCune Davis, Richard Miranda, Jonathan Paton, Thayer Verschoor
EDUCATION ACCOUNTABILITY AND REFORM
John Huppenthal, Chairman; Linda Gray, Vice-chairman; Paula Aboud, Sylvia Allen,
Leah Landrum Taylor, Linda Lopez, Jonathan Paton
FINANCE
Jim Waring, Chairman; Barbara Leff, Vice-chairman; Ken Cheuvront, Ron Gould, Debbie
McCune Davis, Richard Miranda, Russell Pearce, Steve Pierce
GOVERNMENT INSTITUTIONS
Jay Tibshraeny, Chairman; Jack Harper, Vice-chairman; Manuel Alvarez, Meg Burton Cahill,
Jorge Luis Garcia, Chuck Gray, Linda Gray, Jim Waring
HEALTHCARE AND MEDICAL LIABILITY REFORM
Carolyn Allen, Chairman; Thayer Verschoor, Vice-chairman; Paula Aboud, Amanda Aguirre,
Barbara Leff, Linda Lopez, John Nelson
JUDICIARY
Jonathan Paton, Chairman; John Huppenthal, Vice-chairman; Meg Burton Cahill, Ken Cheuvront,
Chuck Gray, Richard Miranda, Russell Pearce
NATURAL RESOURCES, INFRASTRUCTURE AND PUBLIC DEBT
John Nelson, Chairman; Steve Pierce, Vice-chairman; Amanda Aguirre, Sylvia Allen,
Pamela Gorman, Albert Hale, Leah Landrum Taylor
PUBLIC SAFETY AND HUMAN SERVICES
Linda Gray, Chairman; Jim Waring, Vice-chairman; Manuel Alvarez, Leah Landrum Taylor,
Al Melvin, Rebecca Rios, Jay Tibshraeny
JOURNAL OF THE SENATE
Monday, January 12, 2009
11
RETIREMENT AND RURAL DEVELOPMENT
Ron Gould, Chairman; Sylvia Allen, Vice-chairman; John Huppenthal, Linda Lopez, Steve Pierce,
Rebecca Rios
RULES
Robert “Bob” Burns, Chairman; Chuck Gray, Vice-chairman; Jorge Luis Garcia, Pamela Gorman,
Debbie McCune Davis, Thayer Verschoor
VETERANS AND MILITARY AFFAIRS
Jack Harper, Chairman; John Nelson, Vice-chairman; Carolyn Allen, Manuel Alvarez,
Meg Burton Cahill, Albert Hale, Al Melvin
APPOINTMENT OF STATUTORY COMMITTEES
President Burns announced the following Statutory Committees of the Senate for the
Forty-ninth Legislature:
LEGISLATIVE COUNCIL
President Robert “Bob” Burns, Chairman 2009; Vice-chairman 2010
Senator Jorge Luis Garcia
Senator Chuck Gray
Senator Linda Gray
Senator Linda Lopez
Senator Richard Miranda
Senator Thayer Verschoor
JOINT LEGISLATIVE AUDIT COMMITTEE
Senator Thayer Verschoor, Chairman 2009; Vice-chairman 2010
Senator Pamela Gorman
Senator John Huppenthal
Senator Richard Miranda
Senator Rebecca Rios
President Robert “Bob” Burns, Ex-officio
JOINT LEGISLATIVE BUDGET COMMITTEE
Senator Russell Pearce, Vice-chairman 2009; Chairman 2010
Senator Paula Aboud
Senator Amanda Aguirre
Senator Chuck Gray
Senator Jack Harper
Senator Steve Pierce
Senator Rebecca Rios
Senator Jim Waring
JOINT COMMITTEE ON CAPITAL REVIEW
Senator Russell Pearce, Chairman 2009; Vice-chairman 2010
Senator Paula Aboud
Senator Amanda Aguirre
Senator Sylvia Allen
Senator Jorge Luis Garcia
Senator Chuck Gray
Senator Al Melvin
JOURNAL OF THE SENATE
Monday, January 12, 2009
12
SENATE ETHICS COMMITTEE
Senator Ron Gould, Chairman
Senator Richard Miranda
Senator Jonathan Paton
Senator Rebecca Rios
Senator Thayer Verschoor
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1001: An Act providing for the purchase and use of web and video conferencing
software by governmental agencies and schools.
Senate Bill 1002: An Act amending title 38, chapter 3, article 4, ARS, by adding section
38-449; relating to elected officials.
Senate Bill 1003: An Act amending section 28-1381, ARS; relating to driving under the
influence.
Senate Bill 1004: An Act amending title 13, chapter 37, ARS, by adding section 13-3728;
relating to false compartments in motor vehicles.
Senate Bill 1005: An Act amending sections 11-1008 and 11-1010, ARS; relating to animal
control.
Senate Bill 1006: An Act amending sections 16-201, 16-204 and 16-206, ARS; relating to
elections.
Senate Bill 1007: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971,
37-521, 41-1276, 42-17051 and 48-3620, ARS; relating to the state equalization assistance
property tax.
Senate Bill 1008: An Act amending section 26-101, ARS; relating to the adjutant general.
Senate Bill 1009: An Act amending section 41-619.55, ARS; relating to the board of
fingerprinting.
Senate Bill 1010: An Act amending sections 25-315, 25-325, 25-408, 25-415, 25-502, 25-503,
25-504 and 25-812, ARS; relating to marital and domestic relations.
Senate Bill 1011: An Act establishing the federal sex offender registration notification act
study committee.
Senate Bill 1012: An Act amending section 28-2402, ARS; relating to special license plates.
Senate Bill 1013: An Act amending sections 36-2907, 36-2907.06, 36-2939 and 36-2989,
ARS; relating to the Arizona health care cost containment system.
Senate Bill 1014: An Act amending section 36-2934, ARS; relating to the Arizona long-term
care system.
Senate Bill 1015: An Act amending section 13-3804, ARS; relating to the prevention of
offenses.
Senate Bill 1016: An Act amending sections 8-106 and 8-109, ARS; relating to adoption.
Senate Bill 1017: An Act amending sections 28-2351, 28-2403 and 28-2405, ARS; amending
title 28, chapter 7, article 12, ARS, by adding section 28-2433; amending sections 28-6501,
28-6991 and 28-6993, ARS; amending title 36, chapter 1, article 1, ARS, by adding section
36-120; relating to special plates.
JOURNAL OF THE SENATE
Monday, January 12, 2009
13
Senate Bill 1018: An Act amending title 12, chapter 5.1, article 1, ARS, by adding section
12-572; transferring and renumbering section 32-1473, ARS, for placement in title 12, chapter
5.1, article 1, ARS, as section 12-573; amending section 12-573, ARS, as transferred and
renumbered by this act; relating to health care actions.
Senate Bill 1019: An Act amending sections 42-1001 and 43-105, ARS; relating to taxation.
Senate Bill 1020: An Act amending section 41-608, ARS; relating to the veterans' donations
fund.
Senate Bill 1021: An Act amending sections 16-954, 43-613, 43-614, 43-615, 43-616 and
43-618, ARS; relating to individual income tax refunds.
Senate Bill 1022: An Act amending sections 41-1363 and 41-1365, ARS; relating to state
monuments and memorials.
Senate Bill 1023: An Act amending section 9-237, ARS; relating to cities and towns.
Senate Bill 1024: An Act amending section 44-1527, ARS; relating to consumer fraud.
Senate Bill 1025: An Act amending section 41-776, ARS; relating to state employees.
Senate Bill 1026: An Act amending section 36-909, ARS; relating to public health and safety.
Senate Bill 1027: An Act amending section 35-511, ARS; relating to federal income tax
considerations.
Senate Bill 1028: An Act amending section 35-149, ARS; relating to control of receipts and
expenditures.
Senate Bill 1029: An Act amending section 35-113, ARS; relating to budget preparation.
Senate Bill 1030: An Act amending section 36-899.03, ARS; relating to public health.
Senate Bill 1031: An Act amending section 35-741, ARS; relating to industrial development
bonds.
Senate Bill 1032: An Act amending section 35-494, ARS; relating to state bond contracts.
Senate Bill 1033: An Act amending section 35-465, ARS; relating to tax anticipation notes.
Senate Bill 1034: An Act amending section 35-118, ARS; relating to budget preparation.
Senate Bill 1035: An Act amending section 35-451.01, ARS; relating to common school and
high school bonds.
Senate Bill 1036: An Act amending section 35-403, ARS; relating to tax anticipation bonds.
Senate Bill 1037: An Act amending section 35-402, ARS; relating to state tax anticipation
bonds.
Senate Bill 1038: An Act amending section 35-341, ARS; relating to payment of state agency
accounts.
Senate Bill 1039: An Act amending section 35-188, ARS; relating to state debts.
Senate Bill 1040: An Act amending section 35-152, ARS; relating to expenses of federal special
masters.
Senate Bill 1041: An Act amending section 35-113.01, ARS; relating to federal funds.
Senate Bill 1042: An Act amending section 12-164, ARS; relating to the tax court.
Senate Bill 1043: An Act amending section 41-847, ARS; relating to archaeological discoveries.
JOURNAL OF THE SENATE
Monday, January 12, 2009
14
Senate Bill 1044: An Act amending section 41-1293, ARS; relating to the joint legislative
committee on federal mandates.
Senate Bill 1045: An Act amending section 41-1362, ARS; relating to the governmental mall
commission.
Senate Bill 1046: An Act amending section 41-1352, ARS; relating to the historical advisory
commission.
Senate Bill 1047: An Act amending sections 8-201, 8-802, 8-804, 8-811 and 8-844, ARS;
relating to child protective services.
Senate Bill 1048: An Act amending section 41-704, ARS; relating to the emergency
telecommunication services revolving fund.
Senate Bill 1049: An Act amending sections 8-105, 8-509, 8-802, 13-1602, 15-183, 15-512,
36-594.01, 36-594.02, 41-619.52, 41-619.53, 41-619.54, 41-619.55, 41-1758.01,
41-1758.03 and 41-1758.04, ARS; amending title 41, chapter 12, article 3.1, ARS, by adding
section 41-1758.07; amending sections 41-1964, 41-1967, 41-1967.01, 41-1968, 41-1969 and
46-141, ARS; relating to fingerprint clearance cards.
Senate Bill 1050: An Act amending section 28-907, ARS; relating to child restraint systems.
Senate Bill 1051: An Act amending section 25-817, ARS; relating to paternity.
Senate Bill 1052: An Act amending section 25-318, ARS; relating to dissolution of marriage.
Senate Bill 1053: An Act amending sections 16-311, 16-312 and 16-341, ARS; relating to
nominating procedures.
Senate Bill 1054: An Act amending section 26-342, ARS; relating to emergency and military
affairs.
Senate Bill 1055: An Act amending section 26-1003, ARS; relating to the code of military
justice.
Senate Bill 1056: An Act amending section 41-606, ARS; relating to the department of
veterans' services.
Senate Bill 1057: An Act amending section 41-607, ARS; relating to the department of
veterans' services.
Senate Bill 1058: An Act amending section 26-126, ARS; relating to military affairs.
Senate Bill 1059: An Act amending sections 13-1501 and 13-1805, ARS; amending title 13,
chapter 18, ARS, by adding section 13-1819; relating to theft.
Senate Bill 1060: An Act amending sections 28-672, 28-675 and 28-676, ARS; relating to
motor vehicle accidents.
Senate Bill 1061: An Act amending title 13, chapter 37, ARS, by adding section 13-3728;
relating to unlawful duplication of vehicle keys.
Senate Bill 1062: An Act amending section 38-1101, ARS; relating to law enforcement and
probation officers.
Senate Bill 1063: An Act amending sections 28-3002, 28-3165 and 36-341, ARS; relating to
domestic violence victims.
Senate Bill 1064: An Act amending section 43-567, ARS; relating to collection of tax.
Senate Bill 1065: An Act amending section 42-1002, ARS; relating to the department of
revenue.
Senate Bill 1066: An Act amending section 28-708, ARS; relating to vehicle speed restrictions.
JOURNAL OF THE SENATE
Monday, January 12, 2009
15
Senate Bill 1067: An Act amending sections 13-3885, 20-157.01, 20-158, 20-223, 20-224,
20-286, 20-301, 20-311.01, 20-311.03, 20-321.01, 20-321.02, 20-331, 20-331.01, 20-332,
20-340.06, 20-401.05, 20-401.07, 20-411, 20-415, 20-466, 20-481.21, 20-485.03,
20-488.07, 20-831, 20-885, 20-1009, 20-1059, 20-1096.05, 20-1561 and 33-803, ARS;
amending title 20, chapter 1, article 2, ARS, by adding section 20-157.02; repealing section
20-299, ARS; relating to the department of insurance.
Senate Bill 1068: An Act amending section 13-1204, ARS; relating to assault.
Senate Bill 1069: An Act amending section 22-281, ARS; relating to justice courts.
Senate Bill 1070: An Act amending section 13-709.03, ARS; relating to sentencing.
Senate Bill 1071: An Act amending sections 13-3401, 15-712 and 36-2513, ARS; relating to
drug offenses.
Senate Bill 1072: An Act changing the designation of title 5, chapter 4, article 1, ARS, to
“bingo and charity game ticket games”; amending sections 5-401, 5-402, 5-403, 5-404, 5-405,
5-406, 5-407, 5-408, 5-409, 5-412, 5-413 and 5-414, ARS; amending title 5, chapter 4, article
1, ARS, by adding sections 5-416, 5-417 and 5-418; relating to charitable organization
fund-raising.
Senate Bill 1073: An Act amending sections 11-256.03, 11-264, 11-825, 11-1042, 28-6538,
41-1966.01, 41-2404, 41-3451, 41-4256 and 49-1202, ARS; relating to county population
thresholds.
Senate Bill 1074: An Act amending sections 15-424, 15-493, 15-1442, 16-312, 16-314,
16-351, 16-542, 16-588.01 and 19-101, ARS; amending section 19-121.01, ARS, as amended
by Laws 2008, chapter 244, section 3; repealing section 19-121.01, ARS, as amended by Laws
2008, chapter 273, section 27; amending sections 19-121.02, 19-201 and 19-212, ARS;
blending multiple enactments; relating to elections.
Senate Concurrent Resolution 1001: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 15, Constitution of Arizona; relating to
aircraft license tax.
Senate Concurrent Resolution 1002: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 13, Constitution of Arizona; relating to
bond elections.
Senate Concurrent Resolution 1003: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1004: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1005: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article XVI, section 2, Constitution of Arizona; relating to
the national guard.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 2:43 p.m. until
Tuesday, January 13, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
16 JOURNAL OF THE SENATE
Tuesday, January 13, 2009
Second Day
The Senate convened at 1:00 p.m.
Tracey Moulton, Senate Attache, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Aboud.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen, Allen S, Alvarez, Burton Cahill, Garcia, Gorman,
Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny,
Verschoor, Waring, President Burns--29
EXCUSED: Cheuvront--1
JOURNAL
The President announced that without objection, reading of the Journal of Monday, January
12, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1075: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1076: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1077: An Act amending section 37-311, ARS; relating to trust lands suitable for
conservation.
Senate Bill 1078: An Act amending section 45-2102, ARS; relating to waters.
Senate Bill 1079: An Act amending section 28-669, ARS; relating to accidents.
Senate Bill 1080: An Act amending section 28-4495, ARS; relating to vehicle dealers,
automotive recyclers and transporters.
Senate Bill 1081: An Act amending section 28-883, ARS; relating to parking for persons with
physical disabilities.
Senate Bill 1082: An Act amending section 28-735, ARS; relating to vehicle regulation.
Senate Bill 1083: An Act amending section 45-1022, ARS; relating to waters.
Senate Bill 1084: An Act amending section 35-451.01, ARS; relating to common school and
high school bonds.
Senate Bill 1085: An Act amending section 35-403, ARS; relating to tax anticipation bonds.
Senate Bill 1086: An Act amending section 35-402, ARS; relating to state tax anticipation
bonds.
Senate Bill 1087: An Act amending section 13-3601.02, ARS; relating to family offenses.
Senate Bill 1088: An Act amending section 13-3601, ARS; relating to domestic violence.
Senate Bill 1089: An Act amending section 13-116, ARS; relating to double punishment.
Senate Bill 1090: An Act amending section 13-911, ARS; relating to restoration of civil rights.
Senate Bill 1091: An Act amending section 16-408, ARS; relating to elections and electors.
Senate Bill 1092: An Act amending section 16-501, ARS; relating to elections and electors.
JOURNAL OF THE SENATE
Tuesday, January 13, 2009
17
Senate Bill 1093: An Act amending section 12-164, ARS; relating to the tax court.
Senate Bill 1094: An Act amending section 12-822, ARS; relating to actions against public
entities or employees.
Senate Bill 1095: An Act amending section 12-171, ARS; relating to the tax court.
Senate Bill 1096: An Act amending section 13-2204, ARS; relating to business and commercial
fraud.
Senate Bill 1097: An Act amending sections 36-2220 and 36-2245, ARS; relating to
emergency medical services.
Senate Bill 1098: An Act amending section 36-3204, ARS; relating to health care directives.
Senate Bill 1099: An Act amending title 41, chapter 8, article 1, ARS, by adding sections
41-1306 and 41-1307; amending title 41, chapter 27, article 2, ARS, by adding section
41-3019.01; relating to the commission on uniform state laws.
Senate Bill 1100: An Act repealing section 41-3009.02, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.02; relating to the biomedical research commission.
Senate Bill 1101: An Act amending sections 36-446.03 and 36-446.12, ARS; relating to the
board of examiners of nursing care institution administrators and assisted living facility
managers.
Senate Bill 1102: An Act amending section 36-2236, ARS; relating to the regulation of
ambulances and ambulance services.
Senate Bill 1103: An Act amending Laws 2005, chapter 330, section 18; relating to the
Arizona partnership for nursing education demonstration project.
Senate Bill 1104: An Act amending sections 36-2912 and 36-2982, ARS; relating to the
children's health insurance program.
Senate Bill 1105: An Act amending sections 32-1601, 32-1602, 32-1603, 32-1605,
32-1605.01, 32-1606, 32-1608, 32-1609, 32-1631, 32-1632, 32-1633, 32-1634, 32-1634.01,
32-1634.02, 32-1635, 32-1635.01, 32-1636, 32-1638, 32-1639.01, 32-1639.02, 32-1640,
32-1642, 32-1643, 32-1644, 32-1646, 32-1647, 32-1663, 32-1663.01, 32-1664, 32-1665, 32-
1666, 32-1666.01 and 32-1669, ARS; repealing sections 32-1641 and 32-1662, ARS;
amending Laws 2004, chapter 121, section 2; relating to the board of nursing.
Senate Bill 1106: An Act amending sections 25-403 and 25-403.03, ARS; relating to child
custody.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:08 p.m. until
Wednesday, January 14, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
18 JOURNAL OF THE SENATE
Wednesday, January 14, 2009
Third Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:05 p.m. with
President Pro Tempore Verschoor presiding.
Senator Linda Gray offered prayer.
Pledge of Allegiance to the Flag was led by Senator Aguirre.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Garcia, Gorman,
Gould, Gray C, Gray L, Hale, Harper, Landrum Taylor, Leff, McCune Davis, Melvin,
Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor, Waring--25
EXCUSED: Cheuvront, Huppenthal, Lopez, Miranda, President Burns--5
Senator Huppenthal was seated at 1:08 p.m.
JOURNAL
President Pro Tempore Vershoor announced that without objection, reading of the Journal of
Tuesday, January 13, 2009 was dispensed with and approved as recorded by the Secretary.
MOTION TO ADJOURN
Senator Chuck Gray moved in compliance with Article IV, Part 2, Section 9, Constitution of
Arizona, that the Senate, Forty-ninth Legislature, First Regular Session request consent of the
House of Representatives for the Senate to adjourn on Thursday, January 15, 2009, after it has
completed its labors, until Tuesday, January 20, 2009. The motion carried and the Secretary
notified the House.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1107: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971,
37-521, 41-1276, 42-17051 and 48-3620, ARS; relating to the state equalization assistance
property tax.
Senate Bill 1108: An Act amending title 33, chapter 10, article 2, ARS, by adding section
33-1331; relating to the Arizona residential landlord and tenant act.
Senate Bill 1109: An Act amending sections 16-165 and 41-121, ARS; relating to voter
registration rolls.
Senate Bill 1110: An Act amending section 28-884, ARS; relating to parking for persons with
physical disabilities.
Senate Bill 1111: An Act amending sections 9-462.01, 11-251 and 11-254.06, ARS; repealing
title 11, chapter 6, articles 1 and 2, ARS; renumbering title 11, chapter 6, articles 3 and 4,
ARS, as title 11, chapter 6, articles 5 and 6, respectively; amending title 11, chapter 6, ARS, by
adding new articles 1, 2, 3 and 4; amending sections 11-866, 11-1101, 13-1422, 27-441,
27-442, 27-446, 27-447, 28-6705, 28-6713, 28-8481, 32-2181, 32-2183, 32-2197.08,
33-406, 33-422, 34-201, 34-610, 37-132, 37-331.03, 40-360.53, 41-1512.02, 41-1519,
45-108, 45-108.01, 45-108.02, 45-108.03, 45-108.04, 45-576, 48-3609.01, 48-6414 and
49-1273, ARS; relating to county planning and zoning.
Senate Bill 1112: An Act amending sections 13-706, 13-751, 13-755 and 13-1105, ARS;
amending section 13-752, ARS, as amended by Laws 2008, chapter 301, section 39; amending
section 13-752, ARS, as amended by Laws 2008, chapter 301, section 40; relating to
sentencing; providing for conditional enactment.
Senate Bill 1113: An Act amending section 4-226, ARS; amending Title 4, chapter 2, article 2,
ARS, by adding section 4-229; amending sections 4-244, 4-246, 5-395.03, 28-1321, 28-1385,
28-3320, 28-3322 and 28-3511, ARS; relating to handguns.
JOURNAL OF THE SENATE
Wednesday, January 14, 2009
19
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:16 p.m. until
Thursday, January 15, 2009 at 1:00 p.m.
THAYER VERSCHOOR
President Pro Tempore of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
20 JOURNAL OF THE SENATE
Thursday, January 15, 2009
Fourth Day
The Senate convened at 1:00 p.m. with President Pro Tempore Verschoor presiding.
Donna Kafer, Legislative Chaplain, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Carolyn Allen.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Lopez,
McCune Davis, Melvin, Nelson, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor,
Waring--25
EXCUSED: Gorman, Leff, Miranda, Paton, President Burns--5
Senator Gorman was seated at 1:05 p.m.
Senator Paton was seated at 1:06 p.m.
Senator Leff was seated at 1:08 p.m.
JOURNAL
President Pro Tempore Verschoor announced that without objection, reading of the Journal of
Wednesday, January 14, 2009 was dispensed with and approved as recorded by the Secretary.
MESSAGES FROM THE HOUSE
(January 14, 2009)
The House has acceded to the request of the Senate, Forty-ninth Legislature, First
Regular Session, to stand adjourned from Thursday, January 15, 2009, after its labors
are completed, until Tuesday, January 20, 2009.
(January 14, 2009)
In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of
Representatives request the consent of the Senate to adjourn the Forty-ninth
Legislature, First Regular Session, after it has completed its labors Thursday, January
15, 2009, until Tuesday, January 20, 2009.
Senator Chuck Gray moved that the Senate accede to the request of the House of
Representatives, Forty-ninth Legislature, First Regular Session to adjourn from Thursday,
January 15, 2009, after its labors are completed, until Tuesday, January 20, 2009. The motion
carried and the Secretary notified the House.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1114: An Act amending sections 41-541, 41-544 and 41-545, ARS; amending title
41, chapter 3, article 4, ARS, by adding sections 41-546 and 41-547; relating to the Arizona
commission of Indian affairs.
Senate Bill 1115: An Act amending sections 13-1802, 13-2910.01 and 13-2910.02, ARS;
relating to offenses against public order.
Senate Bill 1116: An Act amending section 38-846.01, ARS; relating to the public safety
personnel retirement system.
Senate Bill 1117: An Act amending section 38-757, ARS; relating to the Arizona state
retirement system.
Senate Bill 1118: An Act amending section 38-772, ARS; relating to the Arizona state
retirement system.
JOURNAL OF THE SENATE 21
Thursday, January 15, 2009
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:13 p.m. until
Tuesday, January 20, 2009 at 1:00 p.m.
THAYER VERSCHOOR
President Pro Tempore of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
22 JOURNAL OF THE SENATE
Tuesday, January 20, 2009
Ninth Day
The Senate convened at 1:00 p.m.
Tracey Moulton, Senate Attache, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Sylvia Allen.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Gorman, Gould, Gray C,
Gray L, Hale, Harper, Huppenthal, Leff, Lopez, Melvin, Miranda, Nelson, Paton,
Pierce S, Rios, Tibshraeny, Verschoor, President Burns--23
EXCUSED: Aboud, Burton Cahill, Garcia, Landrum Taylor, McCune Davis, Pearce R,
Waring--7
Senator Russell Pearce was seated at 1:04 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January
15, 2009 was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
EXECUTIVE NOMINATIONS
The President announced that without objection, Communications from the Governor as listed
on the calendar would not be read in full and would be entered in the Journal. The
nomination would be read by board and name only.
January 8, 2009
The Honorable Robert Burns
President of the Senate
Senate Wing, Room 204
1700 W. Washington St.
Phoenix, Arizona 85007
Dear President Burns:
Pursuant to A.R.S. §38-211, I have nominated the following individual to serve as a
member of the Arizona Power Authority Commission.
Dalton Henry Cole
10051 E. North Ranch Gate Rd.
Scottsdale, AZ 85255-2309
Position: Maricopa County
Date of Appointment: December 22, 2008
Term Beginning: January 21, 2008
Term Ending: January 20, 2014
Replacing: Re-appointed
I respectfully request confirmation of this nomination.
The nomination was referred to the Committee on Commerce and Economic Development.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1119: An Act amending sections 28-1321, 28-1381, 28-1382, 28-1385, 28-1401
and 28-1402, ARS; relating to driving under the influence.
Senate Bill 1120: An Act amending section 13-3601, ARS; relating to family offenses.
JOURNAL OF THE SENATE
Tuesday, January 20, 2009
23
Senate Bill 1121: An Act amending section 43-1089.01, ARS; relating to individual income tax
credits.
Senate Bill 1122: An Act amending Laws 2008, chapter 287, section 53; relating to school
sites.
Senate Bill 1123: An Act amending section 9-821.01, ARS; relating to city and town elections.
Senate Bill 1124: An Act amending section 13-3208, ARS; relating to prostitution.
Senate Bill 1125: An Act amending section 31-240, ARS; relating to prisoners.
Senate Bill 1126: An Act amending section 13-2504, ARS; relating to escape.
Senate Bill 1127: An Act amending section 13-3006, ARS; relating to communication service
information.
Senate Bill 1128: An Act amending section 28-4138, ARS; relating to mandatory motor
vehicle insurance.
Senate Bill 1129: An Act amending sections 15-341, 15-2002, 15-2022 and 15-2031, ARS;
relating to the school facilities board.
Senate Bill 1130: An Act amending sections 15-2002 and 15-2041, ARS; relating to the school
facilities board.
Senate Bill 1131: An Act amending sections 31-254, 31-281, 31-282, 31-284, 31-285, 31-286
and 31-287, ARS; repealing section 31-283, ARS; relating to prisoners.
Senate Bill 1132: An Act amending section 15-469, ARS; relating to school district boundaries.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:12 p.m. until
Wednesday, January 21, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
24 JOURNAL OF THE SENATE
Wednesday, January 21, 2009
Tenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:13 p.m.
Senator Russell Pearce offered prayer.
Pledge of Allegiance to the Flag was led by Senator Alvarez.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--28
EXCUSED: Burton Cahill, Garcia--2
PRIVILEGES OF THE FLOOR
President Burns extended privileges of the floor to former State Senator Robert Blendu.
PERSONAL PRIVILEGE
Senator Tibshraeny read the following Senate Proclamation on Arizona Aviation Day:
Arizona State Senate
Senate Proclamation
“Arizona Aviation Day”
WHEREAS, an efficient and reliable aviation system is a critical element of Arizona’s
overall transportation system and the vitality of our state’s economy; and
WHEREAS, the aviation industry had a $38.7 billion impact on Arizona’s economy in
2007; and
WHEREAS, over the next twenty years the total number of passengers at all twelve
commercial service airports in the state is expected to nearly double; as well as the
amount of cargo passing through our airports is expected to more than double; and
WHEREAS, the total number of general aviation aircraft based in Arizona is expected
to increase by more than thirty percent over the next twenty years;
NOW, THEREFORE, The Arizona State Senate does hereby proclaim January 21,
2009.
* Arizona Aviation Day *
Dated this 21st day of January, 2009.
/s/ Bob Burns
Senate President
JOURNAL
The President announced that without objection, reading of the Journal of Tuesday, January,
20, 2009 was dispensed with and approved as recorded by the Secretary.
RECESS
At 1:21 p.m. President Burns announced that the Senate would stand at recess until after
Caucus.
JOURNAL OF THE SENATE
Wednesday, January 21, 2009
25
Senator Harper introduced the following distinguished military guests on the Floor:
Arizona National Guard, Major General Hugo E. Salazar; Fort Huachuca, Colonel
Jasey B. Briley; Yuma Marine Corps Air Station, Colonel Henry M. Reed III;
Davis-Monthan Air Force Base, Colonel Robert W. Singleton; Yuma Army Proving
Ground, Major Katherine Ireland; Civil Air Patrol, Major James Nova
RECONVENE
President Burns called the Senate to order at 1:40 p.m.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1133: An Act prescribing corrections for school district budget overexpenditures.
Senate Bill 1134: An Act repealing section 41-3010.25, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.01; relating to the commission for postsecondary
education.
Senate Bill 1135: An Act amending sections 15-1781, 15-1782 and 15-1783, ARS; relating to
the mathematics, science and special education teacher student loan program.
Senate Bill 1136: An Act amending section 28-963, ARS; relating to motor vehicle equipment.
Senate Bill 1137: An Act amending sections 28-3511 and 28-3512, ARS; relating to vehicle
impoundment.
OTHER BUSINESS OF THE SENATE
EXECUTIVE CONFIRMATIONS
The Committee on Commerce and Economic Development, Senator Leff, Chairman, having
had under consideration the matter of the Governor's appointment of Dalton Henry Cole as a
member of the Arizona Power Authority Commission for the term of office expiring January
20, 2014 submitted the following report: Your Committee recommends to the Senate the
confirmation.
The President asked if the Senate would advise and consent to the nomination and it was
agreed to.
The Secretary notified the Governor and the Secretary of State of the confirmation.
The President announced that without objection, the Secretary would immediately transmit
the confirmation to the Secretary of State.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:43 p.m. until
Thursday, January 22, 2009 at 11:30 a.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
26 JOURNAL OF THE SENATE
Thursday, January 22, 2009
Eleventh Day
The Senate convened at 11:30 a.m.
Senator Gould offered prayer.
Pledge of Allegiance to the Flag was led by Taylor Ablin and Caitlin Chavez, students from
North Ranch Elementary.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Cheuvront, Garcia, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez,
McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--28
EXCUSED: Aboud, Burton Cahill--2
Senator Aboud was seated at 11:39 a.m.
JOURNAL
The President announced that without objection, reading of the Journal of Wednesday,
January 21, 2009 was dispensed with and approved as recorded by the Secretary.
RECESS
At 11:57 a.m. the Senate stood at recess subject to the sound of the gavel.
RECONVENE
The President called the Senate to order at 12:00 noon.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 12:01 p.m. until
Monday, January 26, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 27
Monday, January 26, 2009
Fifteenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Senator Linda Gray offered prayer.
Pledge of Allegiance to the Flag was led by Senator Burton Cahill.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Garcia, Gorman, Gould,
Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez, Melvin,
Miranda, Nelson, Paton, Pearce R, Pierce S, Rios, Tibshraeny, Verschoor, Waring,
President Burns--27
EXCUSED: Aboud, Cheuvront, McCune Davis--3
Senator Aboud was seated at 6:22 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January
22, 2009 was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
SUSPENSION OF RULES
Senator Chuck Gray moved that the portion of Senate Rule 7B-5 which requires committee
agendas to be distributed at least five days prior to the committee meeting and unanimous
consent of the committee to add bills to such agendas be suspended for the purpose of
allowing the Committee on Appropriations to meet. The motion carried and the Secretary
recorded the action.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1138: An Act amending section 13-3603.01, ARS; relating to abortion.
Senate Bill 1139: An Act amending Laws 2007, chapter 54, sections 1 and 2; relating to global
position system monitoring.
Senate Bill 1140: An Act amending section 22-281, ARS; relating to justice courts.
Senate Bill 1141: An Act amending title 9, chapter 4, article 6, ARS, by adding section
9-461.14; amending title 11, chapter 6, article 2, ARS, by adding section 11-834; relating to
local planning.
Senate Bill 1142: An Act amending title 9, chapter 4, article 8, ARS, by adding section
9-500.10; amending title 11, chapter 3, article 4, ARS, by adding section 11-500; amending
section 41-725, ARS; relating to public finance transparency.
Senate Bill 1143: An Act amending sections 28-3001, 28-3002, 28-3101, 28-3165 and
28-3171, ARS; amending title 28, chapter 8, article 1, ARS, by adding section 28-3007;
relating to driver licenses.
Senate Bill 1144: An Act amending sections 36-540.01 and 36-541.01, ARS; relating to
court-ordered treatment.
Senate Bill 1145: An Act amending section 49-333, ARS; relating to dry wells.
Senate Bill 1146: An Act relating to municipal expenditure limitations.
Senate Bill 1147: An Act amending title 49, chapter 1, ARS, by adding article 6; relating to the
regulation of greenhouse gas emissions and motor vehicle fuel economy.
JOURNAL OF THE SENATE
Monday, January 26, 2009
28
Senate Bill 1148: An Act amending title 33, chapter 4, article 3, ARS, by adding section
33-441; relating to deed restrictions.
Senate Bill 1149: An Act amending section 25-516, ARS; relating to family support duties.
Senate Bill 1150: An Act amending sections 35-311, 35-313 and 35-317, ARS; relating to the
state board of investment.
Senate Bill 1151: An Act amending section 35-101, ARS; relating to convenience fees.
Senate Bill 1152: An Act amending sections 12-2231, 12-2232, 36-535, 36-536, 36-537 and
36-539, ARS; relating to court-ordered treatment.
Senate Bill 1153: An Act amending section 40-337, ARS; relating to railroad crossings.
Senate Bill 1154: An Act amending section 15-1042, ARS; relating to the student
accountability information system.
Senate Bill 1155: An Act amending section 37-311, ARS; relating to trust lands suitable for
conservation.
Senate Bill 1156: An Act amending sections 9-463.05, 9-500.18 and 11-1102, ARS; relating to
local development fees.
Senate Bill 1157: An Act repealing section 41-3009.05, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3019.05; relating to the department of environmental
quality.
Senate Bill 1158: An Act amending sections 16-341 and 16-507, ARS; relating to conduct of
elections.
Senate Bill 1159: An Act amending title 13, chapter 15, ARS, by adding section 13-1509;
relating to trespassing.
Senate Bill 1160: An Act amending sections 28-2051, 28-2059, 28-2157 and 28-2163, ARS;
relating to vehicle title and registration.
Senate Bill 1161: An Act amending section 38-849, ARS; relating to the public safety
personnel retirement system.
Senate Bill 1162: An Act amending title 41, chapter 12, article 2, ARS, by adding section
41-1724; making appropriations; relating to the department of public safety.
Senate Bill 1163: An Act amending title 44, chapter 9, article 1, ARS, by adding section
44-1209; relating to loans.
Senate Bill 1164: An Act amending section 16-904, ARS; relating to campaign contributions
and expenses.
Senate Bill 1165: An Act amending title 35, chapter 1, article 1, ARS, by adding section
35-104; relating to the state's financial condition.
Senate Bill 1166: An Act changing the designation of title 41, chapter 44, ARS, to “authorized
presence and identification requirements”; amending title 41, chapter 44, ARS, by adding
article 2; relating to valid identification.
Senate Bill 1167: An Act amending section 13-3102, ARS; relating to weapons.
Senate Bill 1168: An Act amending section 35-113.01, ARS; relating to federal monies.
Senate Bill 1169: An Act amending sections 28-3513 and 41-795, ARS; relating to vehicle
impoundment.
Senate Bill 1170: An Act repealing section 22-303, ARS; amending title 22, chapter 3, article
1, ARS, by adding a new section 22-303; relating to justice courts.
JOURNAL OF THE SENATE
Monday, January 26, 2009
29
Senate Bill 1171: An Act amending title 41, chapter 6, article 3, ARS, by adding section
41-1021.03; providing for the delayed repeal of section 41-1021.03, ARS, as added by this act;
relating to state agency rule making.
Senate Bill 1172: An Act amending title 15, chapter 2, article 2, ARS, by adding section
15-248; relating to the department of education.
Senate Bill 1173: An Act amending title 36, chapter 12, article 1, ARS, by adding section
36-1426; relating to public housing.
Senate Bill 1174: An Act amending sections 38-651 and 38-651.01, ARS; relating to state
employee health insurance.
Senate Bill 1175: An Act amending title 11, chapter 7, ARS, by adding article 8; amending
title 13, chapter 15, ARS, by adding section 13-1509; relating to illegal aliens.
Senate Bill 1176: An Act amending section 41-608.04, ARS; relating to the military family
relief fund.
Senate Bill 1177: An Act amending title 13, chapter 37, ARS, by adding sections 13-3728,
13-3729 and 13-3730; amending section 28-3511, ARS; amending title 41, chapter 12, article
2, ARS, by adding section 41-1724; relating to unauthorized aliens.
Senate Bill 1178: An Act amending sections 41-4254 and 41-4258, ARS; repealing section
41-4256, ARS; amending title 41, chapter 41, article 1, ARS, by adding a new section
41-4256; relating to homeland security.
Senate Bill 1179: An Act amending section 28-4308, ARS; relating to vehicle dealers and
automotive recyclers.
Senate Bill 1180: An Act amending section 28-4847, ARS; relating to towing of vehicles.
Senate Bill 1181: An Act amending sections 28-101, 28-401, 28-481, 28-1176, 28-2232 and
28-5474, ARS; changing the designation of title 28, chapter 16, article 1, ARS, to “aviation
fuel tax collection”; amending sections 28-5601, 28-5603 and 28-5604, ARS; repealing section
28-5605, ARS; amending sections 28-5606, 28-5607, 28-5608, 28-5609 and 28-5610, ARS;
repealing section 28-5611, ARS; amending sections 28-5612 and 28-5613, ARS; repealing
sections 28-5614, 28-5615, 28-5616 and 28-5617, ARS; amending sections 28-5618,
28-5619, 28-5620 and 28-5622, ARS; repealing section 28-5623, ARS; amending section
28-5624, ARS; repealing section 28-5625, ARS; amending sections 28-5626, 28-5633,
28-5634, 28-5635, 28-5636, 28-5637, 28-5638 and 28-5639, ARS; repealing section 28-5640,
ARS; amending section 28-5644, ARS; repealing sections 28-5645, 28-5646, 28-5647,
28-5648 and 28-5649, ARS; repealing title 28, chapter 16, article 2, ARS; amending section
28-5925, ARS; repealing sections 28-5926 and 28-5927, ARS; amending sections 28-6001,
28-6006, 28-6501, 28-6540, 28-6547, 42-5061, 42-5071, 42-5151 and 42-5159, ARS;
amending title 42, chapter 6, article 1, ARS, by adding section 42-6011; amending title 42,
chapter 6, article 3, ARS, by adding section 42-6103.01; relating to motor fuel taxes.
Senate Bill 1182: An Act amending section 35-185.01, ARS; relating to the state treasurer's
warrant notes.
Senate Bill 1183: An Act repealing section 48-6009, ARS; repealing Laws 2005, chapter 60,
article 1; relating to recreational corridor channelization districts.
Senate Bill 1184: An Act amending section 5-311, ARS; relating to boating and water sports.
Senate Bill 1185: An Act amending section 9-212, ARS; relating to municipal government.
Senate Bill 1186: An Act amending section 4-250.01, ARS; relating to alcoholic beverage
prohibitions.
Senate Bill 1187: An Act amending section 19-119, ARS; relating to initiative and referendum.
Senate Bill 1188: An Act amending section 6-384, ARS; relating to the deposit of fiduciary
funds.
JOURNAL OF THE SENATE
Monday, January 26, 2009
30
Senate Bill 1189: An Act amending section 8-162, ARS; relating to nonrecurring adoption
expenses.
Senate Bill 1190: An Act amending section 3-108, ARS; relating to the department of
agriculture.
Senate Concurrent Resolution 1006: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 17, Constitution of Arizona; relating to
state appropriations.
Senate Concurrent Resolution 1007: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VI, sections 37 and 38, Constitution of Arizona;
relating to the judicial department.
Senate Concurrent Resolution 1008: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to school finance.
Senate Concurrent Resolution 1009: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona;
relating to voter-protected funding.
Senate Concurrent Resolution 1010: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to illegal aliens.
Senate Concurrent Resolution 1011: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 17, Constitution of Arizona; relating to
public debt, revenue and taxation.
Senate Concurrent Resolution 1012: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, Constitution of Arizona, by adding section 3.1;
relating to government accounting.
Senate Concurrent Resolution 1013: A Concurrent Resolution expressing support for the
development and use of renewable energy sources.
Senate Concurrent Resolution 1014: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 3, Constitution of Arizona; relating to
annual tax.
Senate Concurrent Resolution 1015: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 2, section 4, Constitution of Arizona;
relating to qualification for membership in legislature.
Senate Concurrent Resolution 1016: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article X, section 4, Constitution of Arizona; relating to
state trust lands.
RECESS
At 1:17 p.m. the Senate stood at recess subject to the sound of the gavel.
RECONVENE
The President called the Senate to order at 6:22 p.m.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 6:24 p.m. until
Tuesday, January 27, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 31
Tuesday, January 27, 2009
Sixteenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Lerry Alderman, Globe City Councilman, offered prayer.
Pledge of Allegiance to the Flag was led by Senator Garcia.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor,
Leff, Lopez, McCune Davis, Melvin, Miranda, Nelson, Paton, Pearce R, Pierce S, Rios,
Tibshraeny, Verschoor, Waring, President Burns--30
JOURNAL
The President announced that without objection, reading of the Journal of Monday, January
26, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1191: An Act amending sections 28-101, 28-701, 28-704, 28-3152 and 28-3511,
ARS; relating to vehicular travel on highways.
Senate Bill 1192: An Act amending section 15-741, ARS; relating to pupil assessment.
Senate Bill 1193: An Act amending sections 34-603 and 48-914, ARS; amending title 48,
chapter 6, article 1, ARS, by adding section 48-967; relating to government construction
project delivery methods.
Senate Bill 1194: An Act repealing section 15-108, ARS; amending title 15, chapter 2, article
2, ARS, by adding section 15-241.01; relating to the department of education.
Senate Bill 1195: An Act amending section 15-184, ARS; amending title 15, chapter 1, article
8, ARS, by adding section 15-186; relating to charter schools.
Senate Bill 1196: An Act amending section 15-202, ARS; relating to the state board of
education.
Senate Bill 1197: An Act amending section 32-1282, ARS; relating to dentistry.
Senate Bill 1198: An Act amending section 27-514, ARS; relating to production and
conservation of oil and gas.
Senate Bill 1199: An Act amending section 20-344, ARS; relating to transaction of insurance
business.
Senate Bill 1200: An Act amending section 15-443, ARS; relating to school district boundaries.
Senate Bill 1201: An Act amending section 15-361, ARS; relating to school district governing
boards.
Senate Bill 1202: An Act amending section 15-209, ARS; relating to the state board of
education.
Senate Bill 1203: An Act amending section 41-511.22, ARS; relating to the Arizona state
parks board.
Senate Bill 1204: An Act amending section 15-132, ARS; relating to exchange teachers.
Senate Bill 1205: An Act amending section 41-762, ARS; relating to state personnel
administration.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
32
Senate Bill 1206: An Act amending sections 25-318, 25-319 and 25-320, ARS; relating to
dissolution of marriage.
Senate Bill 1207: An Act amending sections 38-727 and 38-804, ARS; relating to the elected
officials' retirement plan.
Senate Bill 1208: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section
41-1234; relating to lobbyists.
Senate Bill 1209: An Act amending title 8, chapter 5, article 1, ARS, by adding section 8-528;
relating to child welfare and placement.
Senate Bill 1210: An Act amending section 33-808, ARS; relating to deeds of trust.
Senate Bill 1211: An Act amending sections 12-102, 16-955, 16-959 and 38-431.08, ARS;
relating to the commissions on appellate and trial court appointments; providing for
conditional enactment.
Senate Bill 1212: An Act amending section 41-1750, ARS; relating to the department of public
safety.
Senate Bill 1213: An Act amending title 23, chapter 2, article 1, ARS, by adding section
23-204; relating to employment practices.
Senate Bill 1214: An Act amending title 41, chapter 23, ARS, by adding article 11; relating to
the state procurement code.
Senate Bill 1215: An Act amending sections 23-1302, 23-1304, 23-1305, 23-1306 and
23-1501, ARS; relating to labor relations.
Senate Bill 1216: An Act amending title 23, chapter 8, ARS, by adding article 7; amending
section 41-1092.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section
41-3019.01; relating to the public employee bargaining act.
Senate Bill 1217: An Act amending title 44, chapter 11, ARS, by adding article 24; relating to
health care businesses.
Senate Bill 1218: An Act amending title 23, chapter 9, ARS, by adding article 2; relating to
legislative employment leave.
Senate Bill 1219: An Act amending title 23, ARS, by adding chapter 10; relating to family
leave insurance.
Senate Bill 1220: An Act amending title 23, chapter 8, ARS, by adding article 7; relating to
labor organizations.
Senate Bill 1221: An Act amending title 41, chapter 10, ARS, by adding article 5; relating to
apprentices on state construction projects.
Senate Bill 1222: An Act amending sections 44-1271 and 44-1276, ARS; amending title 44,
chapter 9, article 6, ARS, by adding section 44-1283; relating to telephone solicitations.
Senate Bill 1223: An Act amending section 16-168, ARS; relating to registration rolls.
Senate Bill 1224: An Act transferring income tax revenues from the tourism and sports
authority to the state general fund.
Senate Bill 1225: An Act amending section 45-1022, ARS; relating to water.
Senate Bill 1226: An Act amending section 45-272, ARS; relating to waters.
Senate Bill 1227: An Act amending title 26, chapter 2, article 3, ARS, by adding section
26-347.01; relating to hazardous substances.
Senate Bill 1228: An Act amending title 36, ARS, by adding chapter 11; relating to
prescription medication marketing costs.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
33
Senate Bill 1229: An Act amending title 32, chapter 18, article 3, ARS, by adding section
32-1974; relating to the board of pharmacy.
Senate Bill 1230: An Act amending title 32, chapter 18, article 3, ARS, by adding section
32-1974; relating to the board of pharmacy.
Senate Bill 1231: An Act amending section 43-222, ARS; amending title 43, chapter 10, article
5, ARS, by adding section 43-1074.03; amending title 43, chapter 11, article 6, ARS, by
adding section 43-1184; making appropriations; relating to individual and corporate income
tax credits.
Senate Bill 1232: An Act amending section 36-136, ARS; amending title 36, ARS, by adding
chapter 11; relating to body art establishments.
Senate Bill 1233: An Act amending section 23-777, ARS; relating to employment security.
Senate Bill 1234: An Act amending title 20, chapter 4, article 3, ARS, by adding section
20-826.05; amending sections 20-841 and 20-1057, ARS; amending title 20, chapter 4, article
9, ARS, by adding section 20-1057.12; amending title 20, chapter 6, article 5, ARS, by adding
sections 20-1402.04 and 20-1404.04; amending section 20-1406, ARS; relating to health
insurance coverage.
Senate Bill 1235: An Act amending section 41-2632, ARS; relating to cooperative purchasing
agreements.
Senate Bill 1236: An Act amending section 49-250, ARS; relating to water quality control.
Senate Bill 1237: An Act amending section 39-121.02, ARS; relating to public records.
Senate Bill 1238: An Act amending section 48-6002, ARS; relating to recreational corridor
channelization districts.
Senate Bill 1239: An Act amending sections 45-2244 and 45-2281, ARS; relating to county
water authority.
Senate Bill 1240: An Act amending section 42-12004, ARS; relating to property tax classes.
Senate Bill 1241: An Act amending title 40, chapter 4, article 3, ARS, by adding section
40-857; relating to railroad corporations.
Senate Bill 1242: An Act amending sections 11-441, 13-3102, 13-3112 and 38-1102, ARS;
relating to firearms.
Senate Bill 1243: An Act amending title 13, chapter 4, ARS, by adding section 13-421;
relating to justification.
Senate Bill 1244: An Act amending sections 8-503, 8-800, 8-803, 8-819, 8-821, 8-822, 8-823
and 8-846, ARS; relating to dependent children.
Senate Bill 1245: An Act amending section 19-124, ARS; relating to initiative and referendum;
providing for conditional enactment.
Senate Bill 1246: An Act amending section 8-525, ARS; relating to child welfare and
placement.
Senate Bill 1247: An Act amending sections 8-382, 8-402, 8-418, 13-4401 and 13-4422, ARS;
relating to victims' rights.
Senate Bill 1248: An Act amending sections 39-121.01 and 41-1376.01, ARS; relating to
public records.
Senate Bill 1249: An Act amending sections 41-621 and 41-622, ARS; amending title 41,
chapter 3.1, article 1, ARS, by adding section 41-626; relating to risk management.
Senate Bill 1250: An Act amending section 38-615, ARS; relating to payments for
accumulated sick leave.
JOURNAL OF THE SENATE
Tuesday, January 27, 2009
34
Senate Bill 1251: An Act amending section 32-1158, ARS; relating to contractors.
Senate Bill 1252: An Act providing for a performance audit of the Arizona state boxing
commission.
Senate Bill 1253: An Act amending section 13-1105, ARS; relating to homicide.
Senate Bill 1254: An Act amending section 13-4062, ARS; relating to attendance of witnesses.
Senate Concurrent Resolution 1017: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VI, section 14, Constitution of Arizona; relating to
superior court original jurisdiction.
Senate Concurrent Resolution 1018: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 2, section 4, Constitution of Arizona;
relating to qualification for membership in legislature.
Senate Concurrent Resolution 1019: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 6, Constitution of Arizona; relating to
military personnel.
Senate Concurrent Resolution 1020: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; repealing article VI, sections 36 and 41, Constitution of Arizona;
amending article VI, sections 37 and 40, Constitution of Arizona; relating to the judicial
department.
Senate Concurrent Resolution 1021: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; repealing article XXV, Constitution of Arizona; amending the
Constitution of Arizona by adding a new article XXV; relating to collective bargaining.
Senate Concurrent Resolution 1022: A Concurrent Resolution ratifying the proposed
amendment to the Constitution of the United States; providing that equality of rights under
the law shall not be abridged by the United States or any state on account of sex.
Senate Concurrent Resolution 1023: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona;
relating to initiatives.
Senate Joint Resolution 1001: A Joint Resolution supporting the establishment of official
immigration and customs enforcement auxiliaries in this state.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:22 p.m. until
Wednesday, January 28, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
JOURNAL OF THE SENATE 35
Wednesday, January 28, 2009
Seventeenth Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m. with
President Pro Tempore Verschoor presiding.
Senator Alvarez offered prayer.
Pledge of Allegiance to the Flag was led by Senator Gould.
The following Senators answered on roll call:
PRESENT: Aguirre, Allen C, Alvarez, Burton Cahill, Garcia, Gorman, Gould, Gray C,
Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Melvin,
Miranda, Nelson, Paton, Pearce R, Pierce S, Tibshraeny, Verschoor, Waring--24
EXCUSED: Aboud, Allen S, Cheuvront, Lopez, Rios, President Burns--6
Senator Sylvia Allen was seated at 1:09 p.m.
Senator Cheuvront was seated at 1:12 p.m.
Senators Aboud and Rios were seated at 1:15 p.m.
Senator Lopez was seated at 1:18 p.m.
President Burns was seated at 9:49 p.m.
JOURNAL
President Pro Tempore Verschoor announced that without objection, reading of the Journal of
Tuesday, January 27, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1255: An Act amending Laws 2005, chapter 322, section 2, as amended by Laws
2007, chapter 222, section 15 and chapter 262, section 3; making an appropriation; relating to
mine reclamation plan review.
Senate Bill 1256: An Act amending section 27-1233, ARS; relating to aggregate mine
reclamation.
Senate Bill 1257: An Act amending section 9-121, ARS; relating to consolidation of towns.
Senate Bill 1258: An Act amending title 27, chapter 1, article 2, ARS, by adding section
27-123; relating to the state mine inspector.
Senate Bill 1259: An Act amending section 27-1226, ARS; relating to aggregate mined land
reclamation.
Senate Bill 1260: An Act amending title 27, chapter 6, article 1, ARS, by adding section
27-1203.01; relating to mined land reclamation.
Senate Bill 1261: An Act repealing title 28, chapter 22, ARS; amending title 28, ARS, by
adding a new chapter 22; amending sections 35-701, 42-5069 and 42-6208, ARS; relating to
public-private partnerships in transportation.
Senate Bill 1262: An Act amending title 23, chapter 6, article 9, ARS, by adding section
23-1062.02; relating to workers' compensation.
Senate Bill 1263: An Act amending section 37-257, ARS; relating to the sale of state lands.
Senate Bill 1264: An Act amending title 32, chapter 32, article 1, ARS, by adding section
32-3213; relating to health professionals.
Senate Bill 1265: An Act amending title 47, chapter 3, article 3, ARS, by adding section
47-3312; relating to negotiable instruments.
JOURNAL OF THE SENATE
Wednesday, January 28, 2009
36
Senate Bill 1266: An Act amending sections 23-901.08 and 23-1021, ARS; relating to workers'
compensation.
Senate Bill 1267: An Act amending section 48-2333, ARS; relating to agricultural
improvement districts.
Senate Bill 1268: An Act amending title 23, chapter 8, article 1, ARS, by adding section
23-1308; relating to labor organizations.
Senate Bill 1269: An Act amending section 11-829, ARS; relating to planning and zoning.
Senate Bill 1270: An Act amending section 13-3102, ARS; amending title 13, chapter 31,
ARS, by adding section 13-3114; relating to weapons.
Senate Bill 1271: An Act amending section 48-4023, ARS; relating to county jail districts.
Senate Bill 1272: An Act amending section 15-1444, ARS; relating to community colleges.
Senate Bill 1273: An Act amending section 28-2010, ARS; relating to motorcycle safety.
Senate Bill 1274: An Act amending section 28-3319, ARS; relating to driving under the
influence.
Senate Bill 1275: An Act amending sections 12-1286, 33-401, 33-809 and 33-811, ARS;
relating to transfers of real property.
Senate Bill 1276: An Act amending title 15, chapter 12, article 3, ARS, by adding sections
15-1453 and 15-1454; relating to community colleges.
Senate Bill 1277: An Act amending section 33-1368, ARS; relating to the Arizona residential
landlord and tenant act.
Senate Bill 1278: An Act amending section 13-3602, ARS; relating to family offenses.
Senate Bill 1279: An Act amending title 13, chapter 29, ARS, by adding section 13-2910.09;
relating to equine tripping.
Senate Bill 1280: An Act amending title 13, chapter 23, ARS, by adding section 13-2323;
relating to aliens.
Senate Bill 1281: An Act amending sections 13-1307 and 13-1308, ARS; relating to human
trafficking.
Senate Bill 1282: An Act amending section 13-2319, ARS; relating to smuggling.
Senate Bill 1283: An Act amending section 5-112, ARS; amending title 5, chapter 1, article 1,
ARS, by adding section 5-116; relating to dog racing.
Senate Bill 1284: An Act amending section 32-1134, ARS; relating to contractors.
Senate Bill 1285: An Act amending section 8-807, ARS; relating to protective services.
Senate Concurrent Resolution 1024: A Concurrent Resolution expressing opposition to any
federal legislation that would expand federal jurisdiction in administering the Point Source
Discharge Program.
Senate Concurrent Resolution 1025: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, Constitution of Arizona, by adding section 19;
relating to taxpayer money for candidates.
Senate Concurrent Resolution 1026: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 36;
relating to the right to vote a secret ballot.
RECESS
At 1:28 p.m. the Senate stood at recess subject to the sound of the gavel.
JOURNAL OF THE SENATE
Wednesday, January 28, 2009
37
RECONVENE
The President assumed the chair and called the Senate to order at 9:49 p.m.
ADJOURNMENT
Upon motion of President Pro Tempore Verschoor and agreed to, the Senate adjourned at
9:49 p.m. until Thursday, January 29, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
38 JOURNAL OF THE SENATE
Thursday, January 29, 2009
Eighteenth Day
The Senate convened at 1:00 p.m.
Senator Burton Cahill offered prayer.
Pledge of Allegiance to the Flag was led by Senator Chuck Gray.
The following Senators answered on roll call:
PRESENT: Aboud, Aguirre, Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront,
Garcia, Gorman, Gould, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Leff,
Lopez, McCune Davis, Melvin, Nelson, Paton, Pearce R, Pierce S, Tibshraeny,
Verschoor, Waring, President Burns--27
EXCUSED: Hale, Miranda, Rios--3
Senator Miranda was seated at 1:08 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Wednesday,
January 28, 2009 was dispensed with and approved as recorded by the Secretary.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1286: An Act amending section 15-1626, ARS; relating to the Arizona board of
regents.
Senate Bill 1287: An Act amending title 41, chapter 7, article 1, ARS, by adding section
41-1108; relating to legislative notice requirements.
Senate Bill 1288: An Act amending sections 45-576.01, 45-576.03, 48-3712, 48-3713,
48-3751, 48-3762, 48-3772, 48-3774 and 48-3780.01, ARS; amending title 48, chapter 22,
article 4, ARS, by adding section 48-3779; relating to groundwater replenishment.
Senate Bill 1289: An Act amending section 28-667, ARS; relating to vehicle accident reports.
Senate Bill 1290: An Act amending sections 35-192 and 37-623.02, ARS; relating to wildland
fire suppression reimbursement claims.
Senate Bill 1291: An Act amending section 41-1722, ARS; relating to photo enforcement.
Senate Bill 1292: An Act amending section 32-2121, ARS; relating to real estate.
Senate Bill 1293: An Act amending section 28-507, ARS; relating to the transportation system
database.
Senate Bill 1294: An Act amending sections 37-241, 37-247 and 37-288, ARS; relating to
state trust land defaults.
Senate Bill 1295: An Act amending section 17-233, ARS; relating to the game and fish
commission.
Senate Bill 1296: An Act amending section 37-249, ARS; relating to state trust land.
Senate Bill 1297: An Act amending section 48-3603, ARS; relating to county flood control
districts.
Senate Bill 1298: An Act repealing section 23-362, ARS, as amended by Laws 1997, chapter
51, section 1; relating to wages.
Senate Bill 1299: An Act amending section 21-202, ARS; relating to jurors.
JOURNAL OF THE SENATE
Thursday, January 29, 2009
39
Senate Bill 1300: An Act repealing section 9-500.11, ARS, as amended by Laws 2005, chapter
105, section 2; relating to municipal economic development.
Senate Bill 1301: An Act repealing section 48-4831, ARS, as amended by Laws 1993, chapter
144, section 1; relating to active management area water districts.
Senate Bill 1302: An Act repealing section 28-5201, ARS, as amended by Laws 2008, chapter
142, section 9; repealing section 28-5204, ARS, as amended by Laws 2008, chapter 142,
section 10; relating to motor carrier safety.
Senate Bill 1303: An Act amending sections 38-431.01 and 38-431.02, ARS; relating to public
meetings.
Senate Bill 1304: An Act amending section 39-121.01, ARS; relating to public records.
Senate Bill 1305: An Act amending sections 39-121.01, ARS; relating to public records.
Senate Bill 1306: An Act amending sections 34-103 and 34-603, ARS; relating to the
procurement of professional services.
Senate Bill 1307: An Act amending title 37, chapter 2, article 4, ARS, by adding section
37-282.01; relating to state land appraisals.
Senate Bill 1308: An Act amending sections 32-702 and 32-730, ARS; relating to certified
public accountants.
Senate Bill 1309: An Act amending section 41-1505.08, ARS; relating to the department of
commerce.
Senate Bill 1310: An Act amending sections 36-553, 36-573, 41-2451, 41-2452, 41-2454 and
41-4101, ARS; repealing section 41-3009.04, ARS; amending title 41, chapter 27, article 2,
ARS, by adding section 41-3010.26; relating to the Arizona council on developmental
disabilities.
Senate Bill 1311: An Act amending title 32, chapter 32, ARS, by adding article 3; relating to
end-of-life care.
Senate Bill 1312: An Act establishing the perinatal mood disorder study committee.
Senate Bill 1313: An Act amending sections 11-354 and 11-356, ARS; relating to the county
employee merit system.
Senate Concurrent Memorial 1001: A Concurrent Memorial urging the United States
Congress to oppose federal legislation that interferes with a state's ability to direct the
transport or processing of horses.
Senate Concurrent Resolution 1027: A Concurrent Resolution proclaiming March 29 as
Vietnam veterans' memorial day in Arizona.
Senate Concurrent Resolution 1028: A Concurrent Resolution proclaiming the week of
November 1, 2009 as health care decisions week in Arizona.
Senate Concurrent Resolution 1029: A Concurrent Resolution supporting the development
and use of policies and procedures regarding perinatal mood disorders.
ADJOURNMENT
Upon motion of Senator Chuck Gray and agreed to, the Senate adjourned at 1:10 p.m. until
Monday, February 2, 2009 at 1:00 p.m.
ROBERT “BOB” BURNS
President of the Senate
ATTEST:
CHARMION BILLINGTON
Secretary of the Senate
40 JOURNAL OF THE SENATE
Monday, February 2, 2009
Twenty-second Day
The Senate session scheduled to convene at 1:00 p.m. was called to order at 1:06 p.m.
Reverend Dr. Walt Weider offered prayer.
Pledge of Allegiance to the Flag was led by Senator Hale.
The following Senators answered on roll call:
PRESENT: Allen C, Allen S, Alvarez, Burton Cahill, Cheuvront, Garcia, Gorman, Gray C,
Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, Lopez, McCune Davis, Melvin,
Nelson, Pearce R, Pierce S, Rios, Verschoor, President Burns--23
EXCUSED: Aboud, Aguirre, Gould, Miranda, Paton, Tibshraeny, Waring--7
Senator Waring was seated at 1:15 p.m.
JOURNAL
The President announced that without objection, reading of the Journal of Thursday, January 29, 2009
was dispensed with and approved as recorded by the Secretary.
BUSINESS ON THE PRESIDENT’S DESK
EXECUTIVE NOMINATIONS
The President announced that without objection, Communications from the Governor as listed
on the calendar would not be read in full and would be entered in the Journal. The
nomination would be read by board and name only.
December 15, 2008
The Honorable Robert Burns
President of the Senate
Senate Wing, Room 204
1700 W. Washington
Phoenix, Arizona 85007
Dear President Burns:
Pursuant to A.R.S. §38-211, I have nominated the following individual to serve as a
member of the Game and Fish Commission.
Norman William Freeman
1172 East Road 3 South
Chino Valley, Arizona 86323
Position: Independent – Yavapai County
Date of Appointment: February 12, 2008
Term Beginning: January 21, 2008
Term Ending: January 21, 2013
Replacing: Michael Maurice Golightly
I respectfully request confirmation of this nomination.
The nomination was referred to the Committee on Natural Resources, Infrastructure and
Public Debt.
INTRODUCTION AND FIRST READING OF BILLS
The following bills were introduced, read the first time by number and short title and placed
under Reference of Bills: (full title shown)
Senate Bill 1314: An Act amending section 49-1008, ARS; relating to underground storage
tanks.
Senate Bill 1315: An Act amending section 28-2354, ARS; relating to license plates.
JOURNAL OF THE SENATE
Monday, February 2, 2009
41
Senate Bill 1316: An Act making appropriations to the nuclear emergency management fund
and making nuclear emergency management fund assessments.
Senate Bill 1317: An Act amending section 41-1005, ARS; relating to the Arizona department
of housing.
Senate Bill 1318: An Act amending sections 37-171 and 37-173, ARS; amending title 37,
chapter 1.2, article 1, ARS, by adding sections 37-177 and 37-178; relating to geospatial data
and geographic information.
Senate Bill 1319: An Act amending sections 13-2314.01 and 13-2314.03, ARS; relating to
organized crime.
Senate Bill 1320: An Act amending sections 28-372, 28-924, 28-925, 28-3312, 28-3392,
28-4541, 28-5001, 28-5241 and 28-5736, ARS; relating to the department of transportation.
Senate Bill 1321: An Act amending section 43-1123, ARS; relating to corporate income tax.
Senate Bill 1322: An Act amending section 28-2354, ARS; relating to license plates.
Senate Bill 1323: An Act amending section 26-309, ARS; relating to emergency management.
Senate Bill 1324: An Act amending section 43-1111, ARS; relating to corporate income tax.
Senate Bill 1325: An Act amending title 20, chapter 4, article 3, ARS, by adding section
20-846; amending title 20, chapter 4, article 9, ARS, by adding section 20-1079; amending
title 20, chapter 6, article 4, ARS, by adding section 20-1383; relating to individual health
insurance coverage.
Senate Bill 1326: An Act amending title 8, chapter 5, article 1, ARS, by adding section 8-528;
amending section 13-3623.01, ARS; relating to child welfare and placement.
Senate Bill 1327: An Act amending section 36-798, ARS; amending title 36, chapter 6, article
14, ARS, by adding section 36-798.06; relating to tobacco sales.
Senate Bill 1328: An Act amending sections 32-2219, 32-2250 and 32-2273, ARS; relating to
veterinarians.
Senate Bill 1329: An Act amending section 41-1750, ARS; relating to the department of public
safety.
Senate Bill 1330: An Act amending section 48-5503, ARS; relating to special health care
districts.
Senate Bill 1331: An Act amending section 42-5029, ARS; amending title 42, chapter 5, article
1, ARS, by adding section 42-5032.02; amending section 42-5075, ARS; providing for the
delayed repeal of section 42-5032.02, ARS; relating to the prime contracting transaction
privilege tax classification.
Senate Bill 1332: An Act amending title 12, chapter 1, article 1, ARS, by adding section
12-119.05; relating to the Supreme Court.
Senate Bill 1333: An Act amending title 12, chapter 1, ARS, by adding article 5; relating to
administrative orders.
Senate Bill 1334: An Act amending section 23-901, ARS; relating to workers' compensation.
Senate Bill 1335: An Act amending sections 23-212, 23-212.01, 23-214 and 41-1080, ARS;
amending title 41, chapter 6, article 7.2, ARS, by adding section 41-1080.01; amending
section 41-4401, ARS; relating to unauthorized aliens.
Senate Bill 1336: An Act amending sections 36-725, 36-728, 36-729 and 36-731, ARS;
relating to tuberculosis control.
Senate Bill 1337: An Act amending sections 28-3151 and 28-3480, ARS; relating to driver
license violations.
JOURNAL OF THE SENATE
Monday, February 2, 2009
42
Senate Bill 1338: An Act amending title 38, chapter 8, article 1, ARS, by adding section
38-1103; relating to law enforcement officers.
Senate Bill 1339: An Act amending sections 43-1021 and 43-1121, ARS; relating to individual
and corporate income tax additions.
Senate Bill 1340: An Act amending sections 11-584, 12-820.02, 13-502, 13-3994 and 31-502,
ARS; relating to insanity.
Senate Bill 1341: An Act amending section 33-422, ARS; relating to disclosure affidavits.
Senate Bill 1342: An Act repealing section 41-3009.05, ARS; amending title 41, chapter 27,
article 2, ARS, by adding section 41-3011.14; relating to the department of environmental
quality.
Senate Bill 1343: An Act amending sections 16-445, 16-449, 16-602, 16-663 and 16-664,
ARS; relating to conduct of elections.
Senate Bill 1344: An Act amending section 16-579, ARS, as amended by 2004 proposition
200, section 5; repealing section 16-579, ARS, as amended by Laws 2003, chapter 260, section
18; relating to polling place procedures.
Senate Bill 1345: An Act amending sections 38-711, 38-730, 38-740, 38-742, 38-743 and
38-744, ARS; amending section 38-745, ARS, as amended by Laws 2007, chapter 244, section
1; repealing section 38-745, ARS, as amended by Laws 2007, chapter 244, section 2;
amending sections 38-749, 38-757, 38-762, 38-766, 38-766.01 and 38-797, ARS; repealing
section 38-797.06, ARS; amending title 38, chapter 5, article 2.1, ARS, by adding a new
section 38-797.06; amending section 38-797.07, ARS; repealing Laws 2007, chapter 244,
section 4; making an appropriation; relating to the Arizona state retirement system.
Senate Bill 1346: An Act amending section 28-909, ARS; relating to seat belts.
Senate Bill 1347: An Act amending sections 28-654 and 41-1722, ARS; relating to photo
enforcement.
Senate Bill 1348: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section
41-1234; relating to lobbyists.
Senate Bill 1349: An Act amending sections 38-783, 38-817, 38-857 and 38-906, ARS;
relating to public retirement systems.
Senate Bill 1350: An Act amending section 38-749, ARS; relating to the Arizona state
retirement system.
Senate Bill 1351: An Act amending sections 38-743 and 38-744, ARS; amending section
38-745, ARS, as amended by Laws 2007, chapter 244, section 1; repealing section 38-745,
ARS, as amended by Laws 2007, chapter 244, section 2; repealing Laws 2007, chapter 244,
section 4; relating to the Arizona state retirement system.
Senate Bill 1352: An Act amending sections 38-711, 38-766 and 38-766.01, ARS; relating to
the Arizona state retirement system.
Senate Bill 1353: An Act amending sections 38-711, 38-740, 38-742 and 38-757, ARS;
making an appropriation; relating to the Arizona state retirement system.
Senate Bill 1354: An Act amending section 38-762, ARS; relating to the Arizona state
retirement system.
Senate Bill 1355: An Act amending title 28, chapter 3, article 6, ARS; by adding section
28-711; amending section 28-1593, ARS; repealing section 41-1722, ARS; relating to photo
enforcement.
Senate Bill 1356: An Act amending sections 28-101, 28-892, 28-943, 28-958.01, 28-959,
28-966, 28-2052, 28-2058, 28-2153 and 28-4132, ARS; amending title 28, chapter 7, article
15, ARS, by adding section 28-2517; relating to motor vehicles.
JOURNAL OF THE SENATE
Monday, February 2, 2009
43
Senate Bill 1357: An Act amending section 43-1042, ARS; relating to individual income tax
deductions.
Senate Bill 1358: An Act amending section 45-2201, ARS; relating to county water
authorities.
Senate Bill 1359: An Act amending title 9, chapter 4, article 8, ARS, by adding section
9-499.08; relating to cities and towns.
Senate Bill 1360: An Act amending sections 48-812 and 48-813, ARS; relating to fire districts.
Senate Bill 1361: An Act amending section 43-1042, ARS; relating to individual income tax
deductions.
Senate Bill 1362: An Act amending section 49-746, ARS; relating to solid waste.
Senate Bill 1363: An Act amending title 33, chapter 16, article 1, ARS, by adding section
33-1817; relating to planned communities.
Senate Bill 1364: An Act amending title 28, chapter 3, article 6, ARS, by adding section
28-711; amending section 41-1722, ARS; relating to photo enforcement systems.
Senate Bill 1365: An Act amending section 38-651, ARS; relating to state employee health and
accident insurance.
Senate Bill 1366: An Act repealing Laws 2008, chapter 285, section 23; relating to the military
installation fund.
Senate Bill 1367: An Act amending title 13, chapter 7, ARS, by adding section 13-09.05;
relating to sentencing.
Senate Bill 1368: An Act amending sections 41-1463 and 41-1464, ARS; relating to
discrimination in employment.
Senate Bill 1369: An Act amending title 32, chapter 20, article 6, ARS, by adding section
32-2194.34; relating to cemeteries.
Senate Bill 1370: An Act amending section 15-1745, ARS; relating to the compact for western
regional cooperation in higher education.
Senate Concurrent Memorial 1002: A Concurrent Memorial urging the United States forest
service and the Governor of Arizona to support accelerated landscape-scale, consensus-based,
industry-supported community protection, forest restoration and fire management across
Arizona.
Senate Concurrent Memorial 1003: A Concurrent Memorial urging the United States
Congress to enact legislation allowing states to opt out of the federal highway transportation
system.
Senate Concurrent Resolution 1030: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article VII, section 13, Constitution of Arizona; relating to
bond elections.
Senate Concurrent Resolution 1031: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article II, Constitution of Arizona, by adding section 36;
relating to discrimination.
Senate Concurrent Resolution 1032: A Concurrent Resolution proclaiming March 29 as
Vietnam veterans' memorial day in Arizona.
Senate Concurrent Resolution 1033: A Concurrent Resolution enacting and ordering the
submission to the people of a measure relating to photo enforcement systems.
Senate Concurrent Resolution 1034: A Concurrent Resolution rescinding all of this state's
previous calls for a Constitutional convention to amend the Constitution of the United States.
JOURNAL OF THE SENATE
Monday, February 2, 2009
44
Senate Concurrent Resolution 1035: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 18, Constitution of Arizona; relating to
property taxes.
Senate Concurrent Resolution 1036: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 18, Constitution of Arizona; relating to
valuation rollback; baseline valuation system; residential ad valorem tax limits; limit on
increase in values; disclosure requirements; procedural timeline; exceptions; definitions.
Senate Concurrent Resolution 1037: A Concurrent Resolution proposing an amendment to the
Constitution of Arizona; amending article IX, section 19, Constitution of Arizona; relating to
levy rollback; limitations on changes in property tax levies; exceptions; voter approval; private
right of action; definitions.
Senate Concurrent Resolution 1038: A Concurrent Resolution claiming sovereignty under the
tenth amendment to the Constitution of the United States over certain powers, serving notice
to the federal government to cease and desist certain mandates and providing that certain
federal legislation be prohibited or repealed.
Senate Concurrent Resolution 1039: A Concurrent Resolution enacting and ordering the
submission to the people of a measu